Elliott v. Delta Air Lines, Inc., 42762

• Decision Date: 20 June 1967
• Docket Number: No. 3,No. 42762,42762,3
• Citation: Elliott v. Delta Air Lines, Inc., 116 Ga.App. 36, 156 S.E.2d 656 (Ga. App. 1967)
• Parties: James W. ELLIOTT v. DELTA AIR LINES, INC. et al
• Court: Georgia Court of Appeals

Page 656

156 S.E.2d 656

116 Ga.App. 36

James W. ELLIOTT v. DELTA AIR LINES, INC. et al.

No. 42762.

Court of Appeals of Georgia, Division No. 3.

June 20, 1967.

Preston L. Holland, Hapeville, for appellant.

Powell, Goldstein Frazer & Murphy, Edward E. Dorsey, John A. Helms, Atlanta, for appellee.

Syllabus Opinion by the Court

DEEN, Judge.

Where no terms of a contract of employment are set out the petition must be construed as alleging that the plaintiff was working under a contract terminable at the will of the employer. Ott v. Gandy, 66 Ga.App. 684, 687, 19 S.E.2d 180. An indefinite hiring may be terminated at will by either party. Code § 66-101. A rule of the employer that an employee will be discharged if his wages are garnished by a creditor does not alter the situation. Snyder v. Savannah Union Station Co., 85 Ga.App. 851, 70 SE.2d 382. While, under Code § 105-1207 one who wrongfully procures the discharge even of an employee at will may be liable for damages if he acts maliciously and without cause, this petition specifically alleges that the two officers of defendant Delta Air Lines, Inc., who discharged the plaintiff were sued only in their capacity as such, and no relief was sought against them individually. This adds nothing to the petition against the employer, who may discharge the employee with or without cause and regardless of its motives. Smith v. Chicopee Mfg....