Goodroe v. Georgia Power Co., 56401
| Decision Date | 22 November 1978 |
| Docket Number | No. 56401,56401 |
| Citation | 148 Ga.App. 193,251 S.E.2d 51 |
| Parties | , 115 L.R.R.M. (BNA) 4303 GOODROE v. GEORGIA POWER COMPANY. |
| Court | Georgia Court of Appeals |
Moore & McLaughlin, James B. McLaughlin, Jr., McKenney & Thornton, Neal D. McKenney, Macon, for appellant.
Jones, Cork, Miller & Benton, Wallace Miller, Jr., W. Warren Plowden, Jr., Macon, P. Benson Ham, Forsyth, Troutman, Sanders, Lockerman & Ashmore, James E. Joinder, Atlanta, for appellee.
This is an action for wrongful and malicious discharge from employment. Plaintiff alleged that he was hired as a permanent employee by defendant in 1975 as a security officer, and that in 1976 he was discharged without probable cause. Plaintiff also alleged a conspiracy between those employees of defendant responsible for procuring the discharge. Defendant answered that plaintiff's hiring was indefinite and therefore subject to being terminated at will by either party. Plaintiff subsequently amended by alleging that defendant fired plaintiff "because he was about to uncover criminal activities being committed by the construction superintendent" at a Georgia Power plant. Thereafter, defendant moved for summary judgment with supporting affidavits, one of which contained evidence that plaintiff was discharged because of "an unauthorized offsite surveillance" of another employee and for his failure to cooperate in a Georgia Power security department investigation. Plaintiff submitted an affidavit in opposition to defendant's motion for summary judgment. In the affidavit, plaintiff stated that the official reason given to him by defendant for his termination was "failure to follow established departmental procedures and policies," but the actual reason was that he was fired as part of an effort to cover up criminal activities within the Georgia Power Company; that it was necessary to choose between covering up a crime of which he had knowledge or being fired. The trial court granted defendant's motion for summary judgment. Plaintiff appeals. Held:
1. We affirm. Plaintiff admits the statutory rule that an indefinite hiring may be terminated at will by either party and that his employment was subject to the statute. Code § 66-101. Nevertheless, plaintiff urges this court to find an exception to this rule since the reason for his termination was that he was about to uncover criminal activities. There is no room for this exception...
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Morast v. Lance
...an improper discharge. See, McElroy v. Wilson, 143 Ga.App. 893, 240 S.E.2d 155 (1977) (conspiracy to discharge); Goodroe v. Ga. Power Co., 148 Ga.App. 193, 251 S.E.2d 51 (1978) (discharge to cover up criminal activity). In Georgia, an "at will" employee may be removed "with or without cause......
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Troy v. Interfinancial, Inc.
...155 (conspiracy to discharge); Elliott v. Delta Air Lines, 116 Ga.App. 36, 156 S.E.2d 656 (wrongful discharge); Goodroe v. Ga. Power Co., 148 Ga.App. 193, 251 S.E.2d 51 (discharge of employee to cover-up criminal activities). However, even though a person's employment contract is at will he......
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Phillips v. Goodyear Tire & Rubber Co.
...faced with challenges to the rule that are analogous, although not identical, to that urged by Phillips. See Goodroe v. Georgia Power Co., 148 Ga.App. 193, 251 S.E.2d 51 (1978) (refusing to recognize exception to at will rule even though employee alleged he was fired "because he was about t......
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Thomason v. Mitsubishi Elec. Sales America, Inc.
...Id. at 613, 250 S.E.2d 442. Georgia courts have not allowed any exceptions to this statutory rule. See, e.g., Goodroe v. Georgia Power Co., 148 Ga.App. 193, 251 S.E.2d 51 (1978). California, on the other hand, is one of a growing number of states where "courts have recognized that an employ......
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Labor and Employment Law - W. Melvin Haas Iii, William M. Clifton Iii, and W. Jonathan Martin Ii
...91. 244 Ga. App. at 148-49, 534 S.E.2d at 534-35. 92. Id. at 149, 534 S.E.2d at 535. 93. Id. (quoting Goodroe v. Georgia Power Co., 148 Ga. App. 193, 194, 251 S.E.2d 51, 52 (1978)). 94. 246 Ga. App. 320, 540 S.E.2d 275 (2000). 95. Id, at 321, 540 S.E.2d at 276. 96. Id., 540 S.E.2d at 276-77......