Garmon v. Health Group of Atlanta, Inc.

359 S.E.2d 450, 183 Ga. App. 587, 1987 Ga. App. LEXIS 2031
CourtCourt of Appeals of Georgia
DecidedJuly 8, 1987
Docket74242
StatusPublished
Cited by21 cases

This text of 359 S.E.2d 450 (Garmon v. Health Group of Atlanta, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garmon v. Health Group of Atlanta, Inc., 359 S.E.2d 450, 183 Ga. App. 587, 1987 Ga. App. LEXIS 2031 (Ga. Ct. App. 1987).

Opinion

Beasley, Judge.

A nurse appeals from summary judgment to her former employer Health Group of Atlanta, Inc. d/b/a Doctors Memorial Hospital, and to her supervisor, in an amended suit for wrongful termination by the hospital and tortious interference with her employment by the supervisor.

The nurse was employed by the hospital from November 1972 to November 1973, and from September 1978 through September 1984, as an administrative head nurse and alternate to the director of nursing. Following some dispute and dissatisfaction with scheduling changes in the nursing department, employment was terminated by the supervisor for what the hospital termed “insubordinate unprofessional, and unacceptable” actions and behaviors consisting of “[u]nyielding and belligerent attitude toward colleagues,. . . [r]efusal to comply with a reasonable request made by the employee’s supervisor to work collaboratively with peers to achieve a goal within a specific time frame, . . . [u]se of abusive language toward peers, . . . [and] [r]efusal to support the goals and objectives necessary for the continued operation of the Nursing Department.”

The nurse acknowledged that she had no formal written contract of employment, but she alleged that she understood that the hospital’s policies and past practices with regard to employer-employee relations as well as her job description provided the terms of her employment contract; that according to the hospital’s policy statement with regard to conduct, discipline, and termination of employment, she could only be terminated by joint decision of her immediate supervisor and the hospital’s personnel director, subject to approval by the divisional vice president or president and the hospital administrator if the discharge was for cause; that if such review had occurred, it would have been apparent that the discharge was improperly motivated and executed and not in the “best interests of the Hospital” as required by the written policies; that the discharge was in breach of the procedural safeguards guaranteed employees by virtue of the hospital’s policy statements and of her “employment contract”; that the hospital was under a duty, pursuant to its stated policies and to the law regarding fair employment practices, to investigate the validity of the accusations made against her, which duty the hospital failed to perform or performed inadequately; and that she was therefore discharged completely without cause and in knowing and reckless disre *588 gard for the fact that accusations made against her in the scheduling conflict were unwarranted and false. The nurse further alleged that the supervisor wrongfully, maliciously, and recklessly interfered with the employment relationship by wrongfully procuring her discharge based upon false accusations of unprofessional and insubordinate conduct.

Both the hospital and the supervisor moved for summary judgment which was granted, specifically finding that inasmuch as no written contract of employment was executed, employment was terminable at will and did not give rise to a cause of action against the hospital for wrongful discharge. The court further determined that the supervisor both hired and discharged plaintiff with authority, so that no cause of action existed for wrongful interference either.

The nurse claims that the court erroneously failed to consider and rule upon her claim that the hospital’s policies regarding termination of employees were enforceable and that the hospital failed to comply with these policies in discharging her. She also claims that the court erroneously found as a matter of law that the supervisor acting alone had authority to discharge her, making the latter’s motive irrelevant.

1. The nurse does not now dispute the court’s finding that she was an at-will employee, but she maintains that her case presents an issue of first impression unaddressed by the trial court: “whether an employer’s policies and procedures manual containing express provisions pertaining to discipline and termination of employees as well as employee conduct is enforceable, and whether an employer’s failure to comply with the terms of such a manual can give rise to an action for wrongful termination by an at-will employee.”

This argument was raised before the trial court, and inasmuch as the court’s order recites that the entire record as well as oral argument was considered, it is apparent that the court did consider such position prior to reaching its determination. Although it was under no obligation to make specific findings as to each argument raised in its grant of summary judgment (OCGA § 9-11-52; Karsman v. Portman, 173 Ga. App. 108, 109 (3) (325 SE2d 608) (1984)), the court implicitly ruled on the point when it held that where employment is terminable at will, the employer may discharge the employee without liability.

Appellant asks this court to hold that the hospital policies regarding employee termination are legally enforceable in her circumstances so that failure to comply with such policies would support a claim for wrongful termination even though she concedes that the policies cannot be relied upon to transform an at-will employee into a contract employee. See Burgess v. Decatur Fed. Savings &c. Assn., 178 Ga. App. 787 (345 SE2d 45) (1986); Miles v. Bibb County, 177 Ga. App. 364 (1) (339 SE2d 316) (1985); Georgia Ports Auth. v. Rogers, *589 173 Ga. App. 538 (1) (327 SE2d 511) (1985). The bases of her argument are that there have been decisions granting an at-will employee relief pursuant to the employer’s policies and procedures, citing Fletcher v. Amax, Inc., 160 Ga. App. 692 (288 SE2d 49) (1981); that there is a national judicial trend toward protection of at-will employees, citing numerous decisions from foreign jurisdictions; and that there is room for change in Georgia because OCGA § 34-7-1 does not expressly address the problem of abusive and retaliatory discharges.

“It is axiomatic that appellant has no cause of action against ap-pellee [hospital] for the alleged wrongful termination in light of the uncontroverted evidence that there was no employment contract, either written or oral, between the parties. Georgia Power Co. v. Busbin, 242 Ga. 612 (250 SE2d 442) (1978).” Gibson v. Winn-Dixie Atlanta, 183 Ga. App. 192, 193 (358 SE2d 320) (1987); OCGA § 34-7-1. The fact that the employee had notice of certain hospital policies and procedures regarding discipline and termination of employees which she alleges were not followed in her discharge would not give rise to an action for wrongful termination.

Fletcher, supra, does not aid appellant. The plaintiff in that case was not suing in regard to his employment status, see Capriulo v. Bankers Life Co., 178 Ga. App. 635, 640 (3) (344 SE2d 430) (1986). Rather, he was seeking severance pay based upon internal policies set forth in a procedure and policy manual issued by the company following an amicable termination of his status with the employer.

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Bluebook (online)
359 S.E.2d 450, 183 Ga. App. 587, 1987 Ga. App. LEXIS 2031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garmon-v-health-group-of-atlanta-inc-gactapp-1987.