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Milhollin v. Salomon Smith Barney Inc.

The 2-year statute of limitation under O.C.G.A. § 9-3-22 barred the plaintiff's claim that the defendants violated O.C.G.A. § 34-7-2 by unlawfully retaining a portion of his salary after he voluntarily left his employment.

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J. Lee Milhollin appeals from the trial court’s grant of judgment on the pleadings to Salomon Smith Barney, Inc. SSB and Citigroup, Inc. in a suit Milhollin brought to recover the part of his salary that he forfeited under the terms of an incentive compensation plan. The plan provided for partial payment in stock, subject to certain restrictions. After review, we find no legal error in the trial court’s decision and affirm. Milhollin, a former employee of SSB, filed suit against SSB and Citgroup on his own behalf and that of others similarly situated.1 Milhollin asserted claims for violations of the Georgia Labor Law, conversion, breach of contract, breach of fiduciary duty, and unjust enrichment. All these counts derived from an employee compensation agreement that he entered into with SSB known as the Capital Accumulation Plan.

In this appeal, Milhollin contends that the court’s ruling on the pleadings is erroneous because his complaint set forth sufficient facts to show that his wages were not paid in full in violation of OCGA § 34-7-2. He also asserts that the plan constituted an unenforceable agreement because it embodied an unreasonable forfeiture of salary provision that created an unlawful restraint of trade.

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