November 09, 2015
At-will Employment
Georgia is an at-will employment state, per statute and case law. O.C.G.A. § 34-7-1. An employer or employee can terminate the employment relationship unilaterally, and at any time, unless there is a controlling contract to the contrary.
Employment for any indefinite period, even if that indefinite period is called “employment for life” or “employment until retirement,” is not employment by contract and is considered at-will employment. Where employment is at-will, there can be no claim for wrongful termination. Balmer v. Elan Corp., 278 Ga. 227 (2004). Because at-will employment does not allow for wrongful termination actions, an atwill employer may terminate an employee with or without cause, without liability. Ekokotu v. Pizza Hut, Inc., 205 Ga. App. 534 (1992). Even in the case of employment as part of a settlement agreement, without a specific term of employment, the relationship is at-will, and the employer or employee can terminate that relationship at any time. Jenkins v. Georgia Dep’t of Corr., 279 Ga. App. 160 (2006). Further, if employment is at-will, the employer may alter the terms of employment at any time. Transkey, Inc. v. Adkinson, 225 Ga. App. 457 (1997).
Exceptions to At-will Employment
Oral or written employer promises are not sufficient to overcome the presumption that employment is at-will, unless the alleged contract specifies a definite period of employment. Lane v. K-Mart Corp., 190 Ga. App. 113 (1989). Therefore, an oral promise not to fire an employee for specific behavior is not enforceable. Balmer, 278 Ga. at 228. Further, reference to a two year waiting period for bonus eligibility in an agreement letter between employer and employee does not create a definite period of employment. Hanne v. Miss. Mgmt., Inc., 255 Ga. App. 143 (2002).
Nevertheless, employers may be subject to a claim for breach of contract if, by contract, the employer agreed to give notice of termination but did not. Parker v. Crider Poultry, Inc., 275 Ga. 361 (2002).