Schuck v. Blue Cross and Blue Shield of Ga. Inc.

Since the plaintiff's employment contract guaranteed his employment only for one year, the plaintiff was an at-will employee when he was discharged for insubordination during his fourteenth month of employment.

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Harvey E. Schuck, M.D., sued Blue Cross and Blue Shield of Georgia, Inc. and Atlanta Healthcare Partners, Inc. “AHP” for wrongful termination in his fourteenth month of employment after he had a heated argument with and said you are a “f. . . . . . . liar” to Gordon Church, Vice-President and Local Market Manager/Atlanta of Blue Cross and President of AHP, when he was told that he would not receive a first year bonus that he believed had been promised to him. The defendants contend that plaintiff was terminated for insubordination and misconduct and was, in any event, an at will employee. Schuck disputes that the contract was an at will employment for an indefinite period; he contends that the initial contract for one year was automatically renewed for a second year. The trial court granted summary judgment, because the employment subsequent to the first year was at will for an indefinite period of time. The initial documents show that the contract was clearly and unambiguously for a definite one year period of time, thereby taking the contract of employment outside employment at will; however, the Georgia law of employment at will applied beyond the first year when there was only an indefinite period of time regarding the employment. OCGA § 34-7-1.

Plaintiff’s sole enumeration of error is that the trial court erred in granting summary judgment in finding that the employment contract, when read in its entirety from many documents, created an at will employment status. We do not agree and affirm.

Schuck v. Blue Cross and Blue Shield of Ga. Inc.

Since the plaintiff's employment contract guaranteed his employment only for one year, the plaintiff was an at-will employee when he was discharged for insubordination during his fourteenth month of employment.

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