Opinion
55449.
SUBMITTED MARCH 1, 1978.
DECIDED APRIL 28, 1978.
Employment. Fulton Superior Court. Before Judge Langford.
Joseph M. Todd, Monroe Ferguson, for appellant.
Smith, Currie Hancock, J. Thomas Kilpatrick, for appellee.
This is an action for wrongful discharge which the appellant brought against her former employer, the First National Bank of Atlanta. She alleges that the bank fired her for declaring bankruptcy and that such action "violated her constitutional rights." She appeals the grant of summary judgment to the bank.
We affirm. The record discloses no material issue of fact to be resolved in this case. It is undisputed that the appellant was in fact fired for filing a bankruptcy petition. However, it is also undisputed that her employment was for an indefinite period and, as such, was terminable at will by either party. See generally Code § 66-101; Elliott v. Delta Air Lines, Inc., 116 Ga. App. 36 ( 156 S.E.2d 656) (1967); Land v. Delta Air Lines, Inc., 130 Ga. App. 231 ( 203 S.E.2d 316) (1973); Rhodes v. Levitz Furniture Co., 136 Ga. App. 514, 517 ( 221 S.E.2d 687) (1975). Cf. Ga. Power Co. v. Busbin, 145 Ga. App. 438 (1978). Thus, in the absence of an employment contract, either express or implied, the bank's action gave rise to no cause of action for wrongful discharge.
Contrary to the appellant's contention, the United States Constitution does not prohibit a private employer from firing an employee for filing a bankruptcy petition or, for that matter, for any other reason.
Judgment affirmed. Deen, P. J., and Smith, J., concur.