Poole v. In Home Health, LLC
321 Ga. App. 674
Ga. Ct. App.2013Background
- Poole sued IHH after IHH rescinded its offer to hire her as a full-time case manager at Athens Heartland Hospice, asserting fraud and promissory estoppel.
- The trial court granted judgment on the pleadings in favor of IHH, dismissing Poole's claims.
- On appeal, Poole contends the trial court should have addressed an equitable exception to Georgia's at-will employment doctrine.
- IHH represented in July 2009 that Poole would start August 6, 2009, but the Athens hospice was already planned to close; Poole was given a start-date shift and then the commitment was revoked before she began.
- Georgia law generally treats at-will employment as terminable by either party under OCGA § 34-7-1, with limited public policy exceptions and no statutory equitable remedy; the court affirmed the judgment on the pleadings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an equitable exception to at-will employment exists. | Poole argues OCGA § 34-8-2 creates an equitable exception. | IHH argues no judicially created equitable exception; at-will is governed by OCGA § 34-7-1, legislature must enact exceptions. | No equitable relief; at-will doctrine applies; no statutory exception exists. |
Key Cases Cited
- Alexander v. Wachovia Bank, Nat. Assn., 305 Ga. App. 641 (2010) (standard of review on motion for judgment on the pleadings)
- Wheeling v. Ring Radio Co., 213 Ga. App. 210 (1994) (indefinite contract terminable at-will)
- Atlanta Dairies Co-op v. Grindle, 182 Ga. App. 409 (1987) (indefinite hiring terminable at-will)
- Reilly v. Alcan Aluminum Corp., 272 Ga. 279 (2000) (public policy exceptions to at-will are not favored)
- Balmer v. Elan Corp., 278 Ga. 227 (2004) (legislature—not courts—create at-will exceptions)