Damages for wrongful discharge subject to reduction.

- If an employee is unlawfully discharged before the expiration of the term of employment and, before the expiration of the term, brings suit against the employer for damages sustained by reason of such discharge, the employee's measure of damages is the salary or advancements which the employee was entitled to receive under the terms of the contract for the remainder of the term, subject to reduction by proof at the trial. Fried v. Portis Bros. Hat Co., 41 Ga. App. 30, 152 S.E. 151 (1930).

Profits to agent from discharge.

- Regular measure of damages is subject to diminution by any amount which the proof shows the agent profited, or in the exercise of reasonable diligence should have profited, by reason of the agent's release from the performance of the service. Realty Co. v. Ellis, 4 Ga. App. 402, 61 S.E. 832 (1908).

Probable commissions employee required to accept in lieu of salary.

- Damages will not be diminished by probable commissions when contract was broken by refusal to let employee continue work unless the employee would accept commissions in lieu of salary. Americus Grocery Co. v. Roney, 129 Ga. 40, 58 S.E. 462 (1907).

Cited in Harvey v. J.H. Harvey Co., 256 Ga. App. 333, 568 S.E.2d 553 (2002).

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, §§ 31 et seq., 240.

C.J.S.

- 3 C.J.S., Agency, § 625.

ALR.

- Right to recover against employee or his bond for money or property, the fruits of an employment involving a violation of law, 2 A.L.R. 906.

Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210; 52 A.L.R. 546; 89 A.L.R. 252.

Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.

Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 A.L.R.3d 1047.

Pre-emption of wrongful discharge cause of action by civil rights laws, 21 A.L.R.5th 1.