Parker v. Crider Poultry, Inc.
Docket: A01A0309
Court: Court of Appeals of Georgia; October 1, 2001; Georgia; State Appellate Court
Crider Poultry, Inc. initiated a damages action against Jeffrey A. Parker to reclaim a portion of a bonus advanced to him as president, citing unjust enrichment and breach of fiduciary duty for aiding a competitor's hiring. Parker counterclaimed, alleging breach of contract for lack of 90 days' notice prior to his termination, wrongful termination, and sought attorney fees and punitive damages. The superior court allowed Parker to amend his counterclaim to include a quantum meruit action but later granted partial summary judgment in favor of Crider on Parker's breach of contract claim. Parker argued that the court erred in granting summary judgment, referencing legal precedents that allow at-will employees to sue for failure to provide agreed-upon notice of termination. However, the court found that Parker's employment agreement was subject to the Statute of Frauds, which requires contracts not to be completed within one year to be in writing. His resignation occurred over two years into his employment, making the agreement applicable under this statute. The court also noted that any letters from the employer did not sufficiently address the term of employment and could not overcome the writing requirement. Consequently, the court ruled that the letter did not establish a binding agreement, and it was improper to use parol evidence to fill in missing terms. The superior court's decision was upheld, and Parker's claims were deemed without merit. Contracts are interpreted by the court, and a jury is only involved if ambiguity persists after applying construction rules. Summary judgment can be granted even if parties have differing interpretations of the contract. Parker's employment agreement was deemed unenforceable under the Statute of Frauds, justifying the superior court's summary judgment in favor of Crider on Parker's breach of contract counterclaim. Parker also claimed wrongful termination, arguing that his resignation was coerced. However, Georgia law allows for at-will employment termination by either party without cause, and no wrongful termination claim exists when an employee resigns, even under pressure. The undisputed fact that Parker resigned negates this claim. Punitive damages cannot be awarded for breach of contract claims per OCGA 13-6-10 and related case law, supporting the court's summary judgment on Parker's claim for such damages. Additionally, OCGA 13-6-11 attorney fees are not available to a defendant pursuing a counterclaim, further validating the court's ruling. The judgment was affirmed.