In 1988, Dr. Ben Jenkins filed a lawsuit against the Georgia Department of Corrections for alleged interference with a contractual relationship he had with a temporary staffing agency. Following mediation, the parties reached a settlement agreement the “agreement”. As part of the agreement, the Department of Corrections agreed to employ Jenkins on a part-time basis. The agreement did not specify a term of employment, but stated that Jenkins would be employed “under the same terms and conditions as other employees of the Georgia Department of Corrections.” Jenkins was employed with the Department of Corrections for approximately three years, from May 2001 through June 1, 2004. He was then terminated by the Department of Corrections as a result of budget cuts. Jenkins subsequently filed the present action against the Department of Corrections, claiming the Department of Corrections breached the agreement by terminating his employment. According to Jenkins, the Department of Corrections made an oral promise that the position would be available “as long as he wanted.” The trial court granted the Department of Corrections’ motion to dismiss Jenkins’ complaint, and Jenkins appeals. We find no error and affirm the trial court’s dismissal.
Pursuant to OCGA § 34-7-1, employment in Georgia is generally considered to be at will, meaning that either the employee or employer can end the employment relationship at any time for any or no reason, unless the contract specifies a term for employment.1 Here, the settlement agreement, while it could be interpreted as an employment contract, did not specify how long Jenkins would continue to be employed by the Department of Corrections. In fact, no term or duration of employment was mentioned in the agreement. And, contrary to Jenkins’ assertion, correspondence exchanged between the parties during settlement negotiations reflects that the parties contemplated the status of Jenkins’ employment and determined that it would be classified as temporary. Absent any contractual language in the agreement specifying a time frame for employment, the employment was at will and the relationship could be terminated by either party for any reason.
