Georgia Power Co. v. Busbin, 250 S.E.2d 442 (Ga. 1978). · Go Syfert
Georgia Power Co. v. Busbin, 250 S.E.2d 442 (Ga. 1978). Cases Citing This Book View Copy Cite
“even though a person's employment contract is at will, he has a valuable contract right which may not he unlawfully interfered with by a third person”
321 citation events (61 in the last 25 years) across 23 distinct courts.
Strongest positive: Rose v. Zurowski (gactapp, 1999-01-29)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (quoted) Rose v. Zurowski (2×) also: Cited "see"
Ga. Ct. App. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
even though a person's employment contract is at will, he has a valuable contract right which may not he unlawfully interfered with by a third person
discussed Cited as authority (rule) Caldwell v. State
Ga. · 2022 · confidence medium
See, e.g., Southeastern Pain Specialists, P.C. v. Brown, 303 Ga. 265, 273 ( 811 SE2d 360 ) (2018) (reversing because “when a case is submitted to a jury on both erroneous and proper bases and the jury returns a general verdict such that we cannot determine on which basis the verdict was entered, the verdict cannot stand”);12 Ga. Power Co. v. Busbin, 242 Ga. 612, 616-17 ( 250 SE2d 442 ) (1978) (finding that because plaintiff’s case against his former employer and former supervisor was erroneously submitted to jury on 12Brown also held that in civil cases, “[a]n error in the charge that …
discussed Cited as authority (rule) Caldwell v. State
Ga. · 2022 · confidence medium
See, e.g., Southeastern Pain Specialists, P.C. v. Brown, 303 Ga. 265, 273 (2) (b) ( 811 SE2d 360 ) (2018) (reversing because “when a case is submitted to a jury on both erroneous and proper bases and the jury returns a general verdict such that we cannot determine on which basis the verdict was entered, the verdict cannot stand”); 12 Ga. 12 Brown also held that in civil cases, “[a]n error in the charge that injects issues not raised by the pleadings and evidence is presumed to be harmful.” 26 Power Co. v. Busbin, 242 Ga. 612, 616-17 (8) ( 250 SE2d 442 ) (1978) (finding that because pla…
cited Cited as authority (rule) Gary Daniel Griffin v. Dennis R. Turner
Ga. Ct. App. · 2019 · confidence medium
Such rights are “valuable [and] may not be unlawfully interfered with by a third person.” Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) SOUTHEASTERN PAIN SPECIALISTS, P.C. v. BROWN (Three Cases)
Ga. · 2018 · confidence medium
See Godwin v. Godwin, 265 Ga. 891, 892 (1) ( 463 SE2d 685 ) (1995) (reversing general verdict because case was submitted to jury with an erroneous instruction regarding a theory of recovery not supported by the evidence and we could not determine whether verdict was entered upon proper basis); Ga. Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978) (reversing general verdict for plaintiff where some of the theories on which the case was submitted to the jury were erroneous).
discussed Cited as authority (rule) Sterling Tyrone Brown, Sr., as Surviving Spouse v. Southeastern Pain Specialists, P.C. (2×)
Ga. Ct. App. · 2016 · confidence medium
“Since the jury found a general verdict for the plaintiff[s] against [the] defendants, the verdict cannot stand for the reason that this court cannot determine whether the verdict was entered upon a proper basis.” Georgia Power Co. v. Busbin, 242 Ga. 612, 616-617 ( 250 SE2d 442 ) (1978); Ford Motor Co., 300 Ga. App. at 87 .
discussed Cited as authority (rule) Mindy Howerton v. Harbin Clinic
Ga. Ct. App. · 2015 · confidence medium
Those cases show that Georgia has long recognized that even an at-will employment contract “is a valuable contract right, which may not be unlawfully interfered with by a third person without such authority.” Moore v. Barge, 210 Ga. App. 552, 553 (1) ( 436 SE2d 746 ) (1993), citing Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (2) ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Cheney v. Lawson
Ga. Ct. App. · 2015 · confidence medium
See also Eberhart v. Morris Brown College, 181 Ga.App. 516, 518 (1) ( 352 SE2d 832 ) (1987). 13 (Punctuation omitted.) MARTA v. Mitchell, 289 Ga. App. 1, 4 ( 659 SE2d 605 ) (2007), quoting Troncalli v. Jones, 237 Ga. App. 10, 13 (1) ( 514 SE2d 478 ) (1999) and citing Lee v. Mercedes-Benz, USA, 276 Ga.App. 28, 30 (2) ( 622 SE2d 361 ) (2005); Wolff v. Middlebrooks, 256 Ga.App. 268, 271-272 (3) ( 568 SE2d 88 ) (2002); Ga. Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Legacy Academy, Inc. v. Mamilove, LLC (2×)
Ga. Ct. App. · 2014 · confidence medium
But as our Supreme Court explained in Georgia Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978), “the [general] verdict [ 35 ] cannot stand for the reason that this court cannot determine whether the verdict was entered upon a proper basis.” See also Godwin v. Godwin, 265 Ga. 891, 892 (1) ( 463 SE2d 685 ) (1995).
discussed Cited as authority (rule) ULQ, LLC v. Meder
Ga. Ct. App. · 2008 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 Deep Six, Inc. v. Abernathy, 246 Ga. App. 71, 73 (2) ( 538 SE2d 886 ) (2000). 3 Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978). 4 Buice v. Gulf Oil Corp., 172 Ga. App. 93, 94-95 (1) ( 322 SE2d 103 ) (1984). 5 Gunn v. Hawaiian Airlines, 162 Ga. App. 474 ( 291 SE2d 779 ) (1982). 6 Hunting Aircraft v. Peachtree City Airport Auth., 281 Ga. App. 450, 451 (1) ( 636 SE2d 139 ) (2006). 7 Planning Technologies, Inc. v. Korman, 290 Ga. App. 715, 718-719 ( 660 SE2d 39 ) (2008). 8 Charles v. Leavitt, 264 Ga. 160 ( 442 SE2d 241 )…
discussed Cited as authority (rule) Metropolitan Atlanta Rapid Transit Authority v. Mitchell
Ga. Ct. App. · 2007 · confidence medium
See, e.g., Davis v. Whitford Properties, 282 Ga. App. 143, 147 (2) ( 637 SE2d 849 ) (2006) (evidence of bad faith authorized an award for attorney fees; claim that the amount of attorney fees awarded was not authorized because the evidence submitted did not itemize the underlying work was waived, where each counsel tendered their litigation expenses into evidence without such itemization and each party “consented to the method of presenting *5 litigation expenses to the jury and made no objections to such presentation when they had the opportunity to do so”); Trust Assoc. v. Snead, 253 Ga.…
examined Cited as authority (rule) Travis Pruitt & Associates, P.C. v. Hooper (3×)
Ga. Ct. App. · 2005 · confidence medium
In support of this claim, Hooper cites Wiley v. Ga. Power Co., 134 Ga. App. 187,192-193 ( 213 SE2d 550 ) (1975), overruled on other grounds, Ga. Power Co. v. Busbin, 242 Ga. 612, 615 ( 250 SE2d 442 ) (1978); Newsome v. Cooper-Wiss, Inc., 179 Ga. App. 670, 673 ( 347 SE2d 619 ) (1986); Trimble v. Circuit City Stores, 220 Ga. App. 498, 501 ( 469 SE2d 776 ) (1996), and Mears v. Gulfstream Aerospace Corp., 225 Ga. App. 636, 641 ( 484 SE2d 659 ) (1997).
cited Cited as authority (rule) Schuck v. Blue Cross & Blue Shield of Georgia, Inc.
Ga. Ct. App. · 2000 · confidence medium
See OCGA § 34-7-1; Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978); Meeks v. Pfizer, Inc., 166 Ga. App. 815, 816 ( 305 SE2d 497 ) (1983).
discussed Cited as authority (rule) Kendrick-Owens v. Clanton
Ga. · 1999 · confidence medium
Smith, for appellees. 1 Godwin v. Godwin, 265 Ga. 891, 892 ( 463 SE2d 685 ) (1995) (quoting Ga. Power Co. v. Busbin, 242 Ga. 612, 617 ( 250 SE2d 442 ) (1978)). 2 Bohlen v. Spears, 270 Ga. 322, 324 ( 509 SE2d 628 ) (1998); McConnell v. Moore, 267 Ga. 839, 841 ( 483 SE2d 578 ) (1997). 3 Bohlen, 270 Ga. at 324 (quoting McConnell, 267 Ga. at 839-840 ). 4 Bohlen, 270 Ga. at 324-325 ; McConnell, 267 Ga. at 839-841 . 5 McConnell, 267 Ga. at 840 . 6 Id. at 840-841 . 7 Id. at 841 (quoting Dean v. Morsman, 254 Ga. 169, 173 (2) ( 327 SE2d 212 ) (1985)). 8 Godwin, 265 Ga. at 892 (quoting Busbin, 242 Ga. a…
discussed Cited as authority (rule) Curtis v. DiMaio
E.D.N.Y · 1999 · confidence medium
Cited favorably in this regard was Georgia Power Co. v. Busbin, 242 Ga. 612, 613 , 250 S.E.2d 442, 444 (1978) (“[E]ven though a person’s employment contract is at will, he has a valuable contract right which may not be unlawfully interfered with by a third person.").
discussed Cited as authority (rule) Troncalli v. Jones
Ga. Ct. App. · 1999 · confidence medium
In fact, the opposite of this is true: “[s]ince the jury found a general verdict for the plaintiff against [the] defendant D, the verdict cannot stand for the reason that this court cannot determine whether the verdict was entered upon a proper basis. [Cits.]” Ga. Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978).
cited Cited as authority (rule) Barnwell v. Barnett & Co.
Ga. Ct. App. · 1996 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612, 614 (3) ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Wior v. Anchor Industries, Inc. (2×)
Ind. · 1996 · confidence medium
Georgia Power Co. v. Busbin, 242 Ga. 612 , 250 S.E.2d 442, 443-44 (1978).
cited Cited as authority (rule) Coultas v. Dunbar
Ga. Ct. App. · 1996 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612, 614 (3) ( 250 SE2d 442 ).
discussed Cited as authority (rule) Godwin v. Godwin
Ga. · 1995 · confidence medium
Because the case was submitted to the jury with an erroneous instruction regarding one theory of recovery, and because there was no evidence to support that theory even if correctly charged, “the [general] verdict cannot stand for the reason that this court cannot determine whether the verdict was entered upon a proper basis.” Ga. Power Co. v. Busbin, 242 Ga. 612, 617 ( 250 SE2d 442 ) (1978). 2.
discussed Cited as authority (rule) Holloway v. Skinner (2×)
Tex. · 1995 · confidence medium
See Nordling v. Northern States Power Co., 478 N.W.2d 498, 505-06 (Minn. 1991); Bradburn v. Colonial Stores, Inc., 273 S.C. 186 , 255 S.E.2d 453, 455 (1979); Georgia Power Co. v. Busbin, 242 Ga. 612 , 250 S.E.2d 442, 444 (1978); Bleich v. Florence Crittenton Serv., 98 Md.App. 123 , 632 A.2d 463, 475 (1993); Nix v. Temple University, 408 Pa.Super. 369 , 596 A.2d 1132, 1137 (1991); Cronk v. Intermountain Rural Elec.
discussed Cited as authority (rule) Hathaway v. Bishop (2×)
Ga. Ct. App. · 1994 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978); Cherry v. Ward, 204 Ga. App. 833, 835-836 (1) (c) ( 420 SE2d 763 ) (1992). 4.
cited Cited as authority (rule) Moore v. Barge
Ga. Ct. App. · 1993 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Department of Transportation v. Fru-Con Construction Corp.
Ga. Ct. App. · 1992 · confidence medium
“Since the jury found a general verdict for [appellee] against [DOT], the verdict cannot stand for the reason that this court cannot determine whether the verdict was entered upon a proper basis. [Cits.]” Georgia Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978). 4.
discussed Cited as authority (rule) Cherry v. Ward
Ga. Ct. App. · 1992 · confidence medium
“Since the jury found a general verdict for [appellee] against both [appellants], the verdict cannot stand for the reason that this court cannot determine whether the verdict was entered upon a proper basis. [Cits.]” Georgia Power Co. v. Busbin, 242 Ga. 612, 616-617 (8) ( 250 SE2d 442 ) (1978).
cited Cited as authority (rule) Safety-Kleen Corp. v. Smith
Ga. Ct. App. · 1992 · confidence medium
Georgia Power Co. v. Busbin, 242 Ga. 612, 615 (4) ( 250 SE2d 442 ) (1978). 2.
cited Cited as authority (rule) Barker v. CTC SALES CORPORATION
Ga. Ct. App. · 1991 · confidence medium
Georgia Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Caton v. Haynes
Ga. · 1990 · confidence medium
Williams & Assoc. v. Faircloth, 259 Ga. 767, 769 ( 386 SE2d 151 ) (1989); Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (2) ( 250 SE2d 442 ) (1978); Schaeffer v. King, 223 Ga. 468, 470 ( 155 SE2d 815 ) (1967).
discussed Cited as authority (rule) Church of God, Inc. v. Shaw
Ga. Ct. App. · 1990 · confidence medium
Cash Register Co., 100 Ga. 213, 214 (1) ( 27 SE 986 ) (1897); Ga. Power v. Busbin, 242 Ga. 612, 615 (4) ( 250 SE2d 442 ) (1978); Gibson v. Winn-Dixie Atlanta, 183 Ga. App. 192, 194 (2) ( 358 SE2d 320 ) (1987); Chambers v. Gap Stores, 180 Ga. App. 233 ( 348 SE2d 592 ) (1986); Life Chiropractic College v. Fuchs, 176 Ga. App. 606, 609 (5) ( 337 SE2d 45 ) (1985); Mulherin v. Globe Oil Co., 173 Ga. App. 790 (1) ( 328 SE2d 406 ) (1985); Burrow v. K-Mart, 166 Ga. App. 284, 286 (1) ( 304 SE2d 460 ) (1983); Swift v. S. S. Kresge Co., 159 Ga. App. 571, 572 (2) ( 284 SE2d 74 ) (1981); cf. Garren v. South…
discussed Cited as authority (rule) Smith v. Milliken & Co.
Ga. Ct. App. · 1989 · confidence medium
Georgia recognizes employment at will, pursuant to which “in the absence of a controlling contract, ‘permanent employment,’ ‘employment for life,’ ‘employment until retirement’ is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination. [Cit.]” *899 Georgia Power v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978); Taylor v. Amisub &c., 186 Ga. App. 834, 835 (1) ( 368 SE2d 791 ) (1988).
examined Cited as authority (rule) Favors v. Alco Manufacturing Co. (6×)
Ga. Ct. App. · 1988 · confidence medium
Georgia Power Co. v. Busbin, 242 Ga. 612, 613 (2) ( 250 SE2d 442 ).
cited Cited as authority (rule) Alston v. BROWN TRANSPORT CORPORATION
Ga. Ct. App. · 1987 · confidence medium
See generally OCGA § 34-7-1; Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978).
cited Cited as authority (rule) Robert H. Morast v. T. Bertram Lance
11th Cir. · 1987 · confidence medium
Georgia Power Co. v. Busbin, 242 Ga. 612 , 250 S.E.2d 442, 444 (1978).
discussed Cited as authority (rule) Mr. B's Oil Co. v. Register (2×)
Ga. Ct. App. · 1986 · confidence medium
Georgia Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978); Nelson v. M & M Prods. 168 Ga. App. 280, 281 ( 308 SE2d 607 ) (1983); Land v. Delta Air Lines, 130 Ga. App. 231 ( 203 SE2d 316 ) (1973).
discussed Cited as authority (rule) Newsome v. Cooper-Wiss, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 1986 · confidence medium
In Georgia Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978), the Supreme Court held that “even though a person’s employment contract is terminable at will, he has a valuable contract right which may not be unlawfully interfered with by a third person.” The Court further held that where an employee’s discharge is procured through the conduct of a supervisor who does not have the absolute right to fire that employee without first obtaining the advice and consent of his superiors, the supervisor may be held liable for unlawful interference with the employee’s employment, ev…
discussed Cited as authority (rule) Winters v. Pund
Ga. Ct. App. · 1986 · confidence medium
There was no agreement between Winters and the corporation, or Winters and Pund, as to her length of employment. “[I]n the absence of a controlling contract, permanent employment, employment for life, employment until retirement is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination.” Georgia Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ).
examined Cited as authority (rule) Anderberg v. Georgia Electric Membership Corp. (3×)
Ga. Ct. App. · 1985 · confidence medium
Appellant contends the trial court erred by granting summary judgment against him because questions of fact remain as to his claim of breach of his permanent contract of employment. “[I]n the absence of a controlling contract, ‘permanent employment,’ ‘employment for life,’ ‘employment until retirement’ is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination.” Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978); Jacobs v. Ga.-Pacific Corp., 172 G…
cited Cited as authority (rule) Shannon v. Huntley's Jiffy Stores, Inc.
Ga. Ct. App. · 1985 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612 *126 (1) ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Jacobs v. Georgia-Pacific Corp.
Ga. Ct. App. · 1984 · confidence medium
The Supreme Court and this court have repeatedly held that in the absence of such a controlling contract, “ ‘permanent employment,’ ‘employment for life,’ ‘employment until retirement’ is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination.” Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978); Nelson v. M & M Prods.
discussed Cited as authority (rule) Buice v. Gulf Oil Corp.
Ga. Ct. App. · 1984 · confidence medium
Elliott v. Delta Air Lines, 116 Ga. App. 36 ( 156 SE2d 656 ). “[I]n the absence of a controlling contract, ‘permanent employment,’ ‘employment for life,’ ‘employment until retirement’ is em *95 ployment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination.” Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ).
discussed Cited as authority (rule) Cannon v. GENEVA WHEEL & STAMPING CORPORATION
Ga. Ct. App. · 1984 · confidence medium
“The law is well settled that ‘in the absence of a controlling contract, “permanent employment,”, “employment for life,” “employment until retirement” is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination. [Cit.]’ Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978).
examined Cited as authority (rule) Troy v. Interfinancial, Inc. (3×) also: Cited "see"
Ga. Ct. App. · 1984 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612, 613-614 (1, 2) ( 250 SE2d 442 ); Ely v. Stratoflex, Inc., 132 Ga. App. 569, 570 (1) ( 208 SE2d 583 ); Andress v. Augusta Nursing Facilities, 156 Ga. App. 775 ( 275 SE2d 368 ); Straynar v. Jack W.
discussed Cited as authority (rule) West Virginia Glass Specialty Co. v. Guice & Walshe, Inc.
Ga. Ct. App. · 1984 · confidence medium
Nonetheless, “even though a person’s employment contract is at will, he has a valuable contract right which may not be unlawfully interfered with by a third person. [Cit.]” (Emphasis supplied.) Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Nelson v. M & M PRODUCTS COMPANY
Ga. Ct. App. · 1983 · confidence medium
The appellant’s employment in this case was clearly for an indefinite period. “[I]n the absence of a controlling contract, ‘permanent employment,’ ‘employment for life,’ ‘employment until retirement’ is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination.” Ga. Power Co. v. Busbin, 242 Ga. 612, 613 ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) Jones v. Local 926 of the International Union of Operating Engineers
Ga. Ct. App. · 1981 · confidence medium
Appellant contends that the trial court erred in dismissing the action for tortious interference with an employment contract based on preemption by the NLRA. (a) “Our courts have spoken loud and clear as to the right of one to earn a livelihood, and to seek redress against anyone who wrongfully causes him to be discharged from employment.” Wiley v. Ga. Power Co., 134 Ga. App. 187, 190 ( 213 SE2d 550 ) (1975); overruled on other grounds, Ga. Power Co. v. Busbin, 242 Ga. 612, 615 ( 250 SE2d 442 ) (1978).
examined Cited as authority (rule) Ira Blake Phillips v. The Goodyear Tire & Rubber Company (4×) also: Cited "see, e.g."
5th Cir. · 1981 · confidence medium
See the recent, thorough Note, Protecting At Will Employees Against Wrongful Discharge: The Duty to Terminate Only in Good Faith, 93 Harv.L.Rev. 1816 (1980). 10 In Georgia, application of the at will rule is grounded in Ga.Code Ann. § 66-101, which specifically provides that "(a)n indefinite hiring may be terminated at will by either party." According to the Supreme Court of Georgia, "(t)he motives of the employer in discharging his employee at will are legally immaterial." Georgia Power Co. v. Busbin, 242 Ga. 612 , 250 S.E.2d 442, 445 (1978).
cited Cited as authority (rule) Sigmon v. Womack
Ga. Ct. App. · 1981 · confidence medium
Ga. Power Co. v. Busbin, 242 Ga. 612, 615 (4) ( 250 SE2d 442 ) (1978).
discussed Cited as authority (rule) American Standard, Inc. v. Jessee (2×) also: Cited "see"
Ga. Ct. App. · 1979 · confidence medium
Plaintiff’s complaint is replete with references to "his tenured position” with American Standard, "permanent job . . . until his death, disability or retirement,” "permanent, full-time salaried employee . .. for his life,” "tenured employee status,” "lifetime employment contract.” The law is well settled that "ire the absence of a controlling contract, 'permanent employment,’ 'employment for life,’ 'employment until retirement’ is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleg…
discussed Cited "see" BROOKE AUGUSTIN v. WALKER LAKE EMERGENCY GROUP, PC (2×)
Ga. Ct. App. · 2022 · signal: see · confidence high
See generally Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978) (where employment is terminable at will by either party, it “gives rise to no cause of action against the employer for alleged wrongful Dr. White agreed during her deposition that “hospital administration” requested her removal. 7 For this reason, the Plaintiffs’ repeated assertions that enforcing the Provider Agreements as written would allow Walker Lake to “take advantage of its own wrong” assumes that which it seeks to establish, i.e., that Walker Lake committed a “wrong” by breaching the Pro…
discussed Cited "see" Legacy Academy, Inc. v. Mamilove, LLC (2×)
Ga. · 2015 · signal: see · confidence high
See Ga. Power Co. v. Busbin, 242 Ga. 612, 616 ( 250 SE2d 442 ) (1978) (verdict cannot stand where appellate court cannot determine whether verdict was entered on a proper basis).
GEORGIA POWER COMPANY Et Al.
v.
BUSBIN
33710.
Supreme Court of Georgia.
Nov 7, 1978.
250 S.E.2d 442
Troutman, Sanders, Lockerman & Ashmore, Robert L. Pennington, Frederick E. Link, Tillman, Brice, McTier, Coleman & Talley, Wade H. Coleman, for appellants., Jack J. Helms, Berrien L. Sutton, Brooks E. Blitch, III, for appellee., Gambrell, Russell & Forbes, E. Smythe Gambrell, W. Glen Harlan, David M. Brown, Frederick G. Boynton, Alston, Miller & Gaines, G. Conley Ingram, Franklin R. Nix, King & Spalding, Charles L. Gowen, Nolan C. Leake, Andrew W. Estes, G. Gerald Kunes, amicus curiae.
Jordan, Hall, Undercofler, Bowles.
Cited by 137 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: Court of Appeals of Georgia (1)
Per curiam.

Certiorari was granted to review the opinion of the Court of Appeals in Ga. Power Co. v. Busbin, 145 Ga. App.[*613] 438 (244 SE2d 26) (1978).

1. In Division 1 of its opinion, the Court of Appeals held that the evidence presented a jury question as to whether Bushin’s employment was for a definite term or was, instead, at will. This court disagrees. The evidence was not in dispute as to the terms and conditions of Bushin’s contract of employment. He was employed until his retirement date as long as his work was satisfactory. Instead, the dispute centers around the meaning in law of such a contract and, hence, is a question for the court, which question has been consistently resolved in many cases, such as Land v. Delta Airlines, 130 Ga. App. 231 (203 SE2d 316) (1973), by holding that in the absence of a controlling contract, "permanent employment,” "employment for life,” "employment until retirement” is employment for an indefinite period, terminable at the will of either party, which gives rise to no cause of action against the employer for alleged wrongful termination. See also Ely v. Stratoflex, Inc., 132 Ga. App. 569, 570 (1) (208 SE2d 583) (1974).

2. In Division 1 of its opinion, the Court of Appeals correctly recognized the rule that even though a person’s employment contract is at will, he has a valuable contract right which may not be unlawfully interfered with by a third person. Ott v. Gandy, 66 Ga. App. 684 (1) (19 SE2d 180) (1942). Insofar as Division 1 of the opinion recognizes that a jury issue existed as to whether or not the defendant Moore had the right to discharge Busbin, and, accordingly, insofar as the Court of Appeals held that it was for the jury to determine whether or not Moore was such a "third person” as may be liable to Busbin for unlawful interference with Busbin’s employment contract, this court agrees and affirms. The evidence was in conflict on the question of whether Moore had authority to discharge Busbin without the concurrence of his superiors with whom he conferred or whether, instead, Moore could have discharged Busbin, had he chosen to do so, without consulting with his superiors. The relevance of this question lies in the fact that if Moore had the absolute right to discharge Busbin without consulting his superiors, he could not be liable to Busbin for wrongful discharge, regardless of his motives (McElroy v. Wilson, [*614] 143 Ga. App. 893, 895 (240 SE2d 155) (1977)); whereas, on the other hand, if Moore lacked such authority, he could be determined to be a "third person” tortfeasor who could be liable to Busbin in an action for wrongfully procuring Bushin’s discharge. Schaeffer v. King, 223 Ga. 468 (155 SE2d 815) (1967). The Court of Appeals correctly affirmed the trial court on this point.

3. In Division 2 of its opinion, the Court of Appeals correctly recognized the rule that corporations act by and through their agents. It is the misapplication of this rule to the facts of this case which must be corrected, for the Court of Appeals held in Division 3 that"... it was a jury issue as to whether Georgia Power Company became liable for the wrongful conduct of Moore and others ...” Regardless of whether Moore did or did not himself, and by himself, have authority to discharge Busbin, the evidence establishes beyond contradiction that one or more of Moore’s superiors who participated in or ratified Moore’s actions did have authority in behalf of Georgia Power Company to discharge Busbin. Accordingly, since Bushin’s employment was terminable at will, and Busbin was discharged or his discharge was ratified by one or more of his supervisors who did have authority to discharge him, Bushin’s allegations and evidence as to improper motives for his discharge are legally irrelevant and presented no issues for resolution by the jury regarding the right of Georgia Power Company to discharge him. McElroy v. Wilson, 143 Ga. App. 893, 895, supra. The allegations of, and attempts to prove, conspiracy between the various Georgia Power Company supervisory employees add nothing to the claim for wrongful discharge because neither the supervisory employees of Georgia Power Company who had authority to discharge Busbin, nor they and Georgia Power Company, can conspire to do that which they legally were entitled to do. Hill v. Delta Airlines, 143 Ga. App. 103, 104 (3) (237 SE2d 597) (1977); McElroy v. Wilson, supra. Under the facts of this case, any attempt to impute to Georgia Power Company any conduct of Moore in procuring the discharge of Busbin that the jury might have deemed to be without authority and wrongful would be an improper application of the rule that corporations[*615] are liable for the acts of their agents because Moore could not lawfully be held to be liable to Busbin unless, as aforesaid, he was a "third party” who induced the employer to discharge the employee, rather than an agent acting for the corporation. Schaeffer v. King, 223 Ga. 468 (155 SE2d 815) (1967). Anything to the contrary expressed in the case of Wiley v. Ga. Power Co., 134 Ga. App. 187 (213 SE2d 550) (1975), is disapproved and will not be followed. Accordingly, the Court of Appeals erred in Division 3 of its opinion in holding that a jury issue existed as to whether or not Georgia Power Company was liable to Busbin for the actions of its supervisory agents. Moore, of course, cannot have conspired with himself to injure Busbin since two or more persons are required to form a conspiracy. Hence, the case against Moore erroneously was submitted to the jury on the theory of conspiracy.

4. In Division 3 of its opinion, the Court of Appeals erroneously concludes that there was evidence that Busbin "was slandered ... by officials telling others the reasons for his firing.” There is no evidence whatsoever that Georgia Power Company expressly authorized or directed anyone to speak the words in question. Even if this court were to assume, arguendo, that the words spoken were slanderous and that their being spoken to fellow employees of Georgia Power Company was a publication of slander, there can be no recovery against Georgia Power Company in the absence of such an express direction or authorization. Behre v. Nat. Cash Register Co., 100 Ga. 213 (27 SE 986) (1896); Garren v. Southland Corp., 237 Ga. 484 (228 SE2d 870) (1976). The Court of Appeals erred insofar as its ruling in this regard was applied to Georgia Power Company.

5. In Division 4 of its opinion, the Court of Appeals erred in approving the charge of the trial court because the cases relied upon by the Court of Appeals apply only to certain types of contracts for a fixed term or period of time and do not apply to employments at will. The motives of the employer in discharging his employee at will are legally immaterial. Hill v. Delta Airlines, supra; McElroy v. Wilson, supra.

6. Divisions 5, 6, 7, and 8 of the opinion of the Court[*616] of Appeals are in error for the reasons stated in Divisions 1, 2, 3, and 4 of the present opinion.

7. The Court of Appeals erred in Division 9 of its opinion in affirming the trial court’s ruling permitting Bushin to testify that he had applied for unemployment compensation, that Moore had opposed his application for unemployment compensation, and that his application for unemployment compensation was approved. Code Ann. § 54-642.1 provides: " All letters, reports, communications or any other matters, either oral or written, from the employer or employee to each other or to the Employment Security Agency or any of its agents, representatives or employees which shall have been written, sent, delivered, or made in connection with the requirements of the administration of this Chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any suit for slander or libel in any court of the State of Georgia.” (Emphask supplied.) The statute provides that all such communications are absolutely privileged. Moore’s opposition to Bushin’s application was a "communication” within the meaning of the statute. To rule otherwise would be to subvert the intention of the General Assembly in establishing the absolute privilege because employers would hesitate to oppose applications for unemployment compensation were it to be possible for the fact of their opposition to be presented to juries in defamation actions.

8. It is apparent that Bushin’s case against Georgia Power Company and Moore was submitted to the jury on the theories of (1) wrongful discharge from employment or wrongful interference with the employment contract, (2) conspiracy to procure Bushin’s discharge, (3) slander, and (4) libel. Even though the case correctly was submitted to the jury against Moore on at least one of these theories, this court has concluded that Bushin’s case against Georgia Power Company erroneously was submitted to the jury on at least the first three of the four theories listed above and Bushin’s case against Moore erroneously was submitted to the jury on at least the second theory. Since the jury found a general verdict for. the plaintiff against both defendants, the verdict cannot stand for the reason that this court cannot determine whether the verdict was[*617] entered upon a proper basis. Southern R. Co. v. Hardin, 107 Ga. 379 (33 SE 436) (1899); Flint Explosive Co. v. Edwards, 86 Ga. App. 404 (71 SE2d 747) (1952); Taylor v. Austin, 92 Ga. App. 104 (88 SE2d 190) (1955). The conclusions reached by the Court of Appeals in the footnote to Division 10 of its opinion are at variance with the rule as to general verdicts set forth in the Southern R. Co., case, supra, and its progeny. Accordingly, the judgment of the Court of Appeals must be reversed.

Argued July 11, 1978 Decided November 7, 1978 Rehearings denied November 21 and November 30, 1978. Troutman, Sanders, Lockerman & Ashmore, Robert L. Pennington, Frederick E. Link, Tillman, Brice, McTier, Coleman & Talley, Wade H. Coleman, for appellants. Jack J. Helms, Berrien L. Sutton, Brooks E. Blitch, III, for appellee. Gambrell, Russell & Forbes, E. Smythe Gambrell, W. Glen Harlan, David M. Brown, Frederick G. Boynton, Alston, Miller & Gaines, G. Conley Ingram, Franklin R. Nix, King & Spalding, Charles L. Gowen, Nolan C. Leake, Andrew W. Estes, G. Gerald Kunes, amicus curiae.

Judgment reversed.

All the Justices concur, except Jordan and Hall, JJ., who concur in the judgment only, and Undercofler, P. J., who dissents. Bowles, J.y disqualified.