Parker v. Crider Poultry

10 Citing cases

  1. Zulke v. AC&DC Power Techs.

    356 Ga. App. 299 (Ga. Ct. App. 2020)   Cited 2 times

    1. Georgia's Statute of Frauds provides that " ‘[a]ny agreement that is not to be performed within one year from the making thereof’ must be in writing and signed by the party to be charged in order to be binding on the promisor." Parker v. Crider Poultry , 275 Ga. 361, 361 (1), n. 1, 565 S.E.2d 797 (2002), quoting OCGA § 13-5-30 (5). When an employment contract "[does] not state the duration of the term of employment," however, it is "terminable at the will of either party."

  2. Bithoney v. Fulton-Dekalb Hosp. Authority

    313 Ga. App. 335 (Ga. Ct. App. 2011)   Cited 22 times

    But see Daniel P. O'Gorman, The Statute of Frauds and Oral Promises of Job Security: The Tenuous Distinction Between Performance and Excusable Nonperformance, 40 Seton Hall L.Rev. 1023, 1032 (2010) (“It is not known for sure ... why contracts that were not to be performed within a year were included in the Statute [of Frauds], and the provision's purpose has baffled courts, lawyers, and historians.”). FN10. Parker v. Crider Poultry, Inc., 275 Ga. 361, 362(1), 565 S.E.2d 797 (2002). FN11. See, e.g.,Edwards v. Cent. Ga. HHS, Inc., 253 Ga.App. 304, 305, 558 S.E.2d 815 (2002) (“An oral contract of employment for a term beyond one year is unenforceable under the statute of frauds.”

  3. Glissman v. Gross

    No. 2:17-cv-39 (S.D. Ga. Aug. 2, 2018)   Cited 1 times
    Holding "typical charge for services is evidence of value conferred in a quantum meruit claim ...."

    More specific to the employment context, the "fact that an at-will contract of employment actually lasts several years does not bring the contract within the statute, since either party could put an end to the contract within one year, and the contract would thereby be fully performed." Williston on Contracts § 24:3 (citing Parker v. Crider Poultry Inc., 565 S.E.2d 797 (Ga. 2002)). The Supreme Court, too, has spoken on the subject: "The parties may well have expected that the contract would continue in force for more than one year, it may have been very improbable that it would not do so; and it did in fact continue in force for a much longer time.

  4. Ga. Dep't of Pub. Safety v. Justice

    907 S.E.2d 817 (Ga. 2024)

    Because neither the e-mail exchanges between DPS and Justice nor anything else specified a definite length of employment, despite the offer letter’s reference to an annual salary, it is true that their employment agreement was terminable at-will. See Parker v. Crider Poultry, 275 Ga. 361, 362 (1), 565 S.E.2d 797 (2002) ("An employment contract containing no definite term of employment is terminable at the will of either party."); Ikemiya v. Shibamoto America, Inc., 213 Ga. App. 271, 273 (1), 444 S.E.2d 351 (1994) ("[D]ocuments referring to an annual salary merely establish the total amount payable during a twelve-month period and not the duration thereof.

  5. Solomon v. Barnett

    281 Ga. 130 (Ga. 2006)   Cited 8 times
    In Solomon v. Barnett, 281 Ga. 130 (636 SE2d 541) (2006), the Supreme Court reversed our decision in Solomon v. Barnett, 276 Ga. App. 210 (3) (623 SE2d 4) (2005).

    We therefore conclude that in light of the factual findings made by the Court of Appeals, summary judgment was not appropriate in this case, making erroneous both the trial court's grant of summary judgment to Barnett and the Court of Appeals' affirmance of that judgment. See generally Parker v. Crider Poultry, Inc., 275 Ga. 361 (2) ( 565 SE2d 797) (2002). Judgment reversed. All the Justices concur.

  6. Jenkins v. Dept. of Corrections

    630 S.E.2d 654 (Ga. Ct. App. 2006)   Cited 3 times

    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. See Parker v. Crider Poultry, Inc., 275 Ga. 361, 362 (1) ( 565 SE2d 797) (2002) (an employment contract containing no definite term of employment is terminable at the will of either party). While Jenkins raises a number of allegations in his appellate brief, he has failed to offer any admissible evidence that would support these allegations or entitle him to relief.

  7. Henry v. Blankenship

    275 Ga. App. 658 (Ga. Ct. App. 2005)   Cited 12 times

    See Klag v. Home Ins. Co., 116 Ga.App. 678, 687 ( 158 SE2d 444) (1967) (noting that possibility of performance within one year dispenses with the necessity that the contract be in writing). Evidence shows that Blankenship agreed to construct the car skeleton processing plant and railroad spur within six to fifteen months, and these promises were clearly capable of performance within one year. Furthermore, the evidence does not demand the finding that the other obligations under the alleged oral agreement could not have been performed within one year. See, e.g., Parker v. Crider Poultry, Inc., 275 Ga. 361, 362 (1) ( 565 SE2d 797) (2002) (contract of employment for indefinite duration, though possibly lasting for many years, is outside the Statute of Frauds). Accordingly, Blankenship did not establish that the oral agreement was unenforceable by reason of OCGA § 13-5-30 (5). Since genuine issues of material fact remain for the trier of fact, the trial court erred in granting summary judgment to Blankenship on Clifford's breach of contract counterclaim. We acknowledge that Blankenship's promise to purchase car skeletons could possibly fall within the UCC Statute of Frauds provision.

  8. Cramp v. Georgia-Pacific Corp.

    596 S.E.2d 212 (Ga. Ct. App. 2004)   Cited 4 times

    Therefore, even an at-will employee should be able to sue for fraud if the fraud occurred before the at-will employee was terminated. See Parker v. Crider Poultry, 275 Ga. 361, 362-363 (2) ( 565 SE2d 797) (2002). Otherwise, this court would be allowing an employer to induce an individual to give up a substantial benefit or relocate, all the while intending to terminate the employee as soon as the employee agreed to the relocation or waiver of benefits.

  9. Parker v. Crider Poultry, Inc.

    570 S.E.2d 668 (Ga. Ct. App. 2002)

    ELDRIDGE, Judge. In Parker v. Crider Poultry, 275 Ga. 361 ( 565 S.E.2d 797) (2002) the Supreme Court reversed the judgment of this Court's opinion in Parker v. Crider Poultry, 249 Ga. App. 381 ( 549 S.E.2d 711) (2001). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own.

  10. Gotel v. Carter

    Civil Action 5:21-cv-00388-TES (M.D. Ga. Nov. 4, 2021)

    However, because Plaintiff and Jay-Z's supposed contract was for a period of 20 years and assuming she and Jay-Z entered the contract in Georgia, Georgia's Statute of Frauds requires “any agreement that is not to be performed within one year from the making thereof [to] be in writing and signed by the party to be charged in order to be binding on the promisor.” See Zulke v. AC&DC Power Techs., LLC, 846 S.E.2d 624, 626 (Ga.Ct.App. 2020) (first quoting Parker v. Crider Poultry, 565 S.E.2d 797, 798 n.1 (Ga. 2002) and then quoting O.C.G.A. § 13-5-30 (5)) (cleaned up)