Tackett v. Georgia Dep't of Corrections

The Department of Corrections' policy manual, governing employee promotions, demotions, transfers and salaries, did not constitute a written contract of employment.

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Cliff W. Tackett, Jr. filed suit against the Department of Corrections “DOC” asserting claims for breach of contract, promissory estoppel and intentional infliction of emotional distress in connection with his employment. After the parties filed cross-motions for summary judgment, the trial court granted summary judgment1 to the DOC and denied Tackett’s motion. Tackett appeals. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citation and punctuation omitted. Rosenberg v. Falling Water, Inc. , 302 Ga. App. 78 690 SE2d 183 2009.

The record demonstrates that Tackett has held a number of positions with the State of Georgia, beginning in 1974 when he took a job as a transportation enforcement officer with the Department of Transportation. In August 2005, while working as a unit commander for the internal affairs section of the Department of Driver Services “DDS”, Tackett received notice from the Georgia Peace Officers Annuity and Benefit Fund that his supplemental retirement had been frozen because the DDS was not considered a law enforcement entity at the time it was created. Concerned about his retirement benefits, Tackett submitted an application in September 2005 for a position as an internal affairs investigator with the DOC. Tackett interviewed for the position and on October 4, 2005, wrote a letter to Terry L. Mulkey, who was then the DOC’s Director of Internal Affairs, acknowledging that he would be willing to accept a voluntary title demotion “Demotion Letter”. Nevertheless, Tackett made it “very clear” to Mulkey during the interview process that although he was willing to take such a demotion, he would not accept a reduction in salary.

Tackett v. Georgia Dep't of Corrections

The Department of Corrections' policy manual, governing employee promotions, demotions, transfers and salaries, did not constitute a written contract of employment.

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