· 7/6/2007
Fink v. Dodd
Citations
- 649 S.E.2d 359
- 286 Ga. App. 363
- 2007 Fulton County D. Rep. 2351
- 2007 Ga. App. LEXIS 771
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a default does not preclude a defendant from showing that under the facts as deemed admitted, no claim existed which would allow the plaintiff to recover
- following defendant’s default, plaintiff failed to state claim for wrongful termination because the well-pled allegations of the complaint failed to establish she was “anything other than an at-will employee”
- “It is axiomatic that a default does not result in the admission of allegations that are not well-pled or that are the result of forced inferences.” (quotation marks omitted)
- “[T]he intracorporate communications doctrine ‘is not a conditional defense destroyed by proof of malice but, rather, an element of the tort of slander.’” (quoting Terrell v.487 S.E.2d 6, 8 (Ga. Ct. App. 1997))
- at-will employees may not state a claim for wrongful termination, and dismissal of complaint is appropriate where plaintiff does not allege facts establishing an enforceable employment contract and fails to establish that she is anything other than an at-will employee
Source: CourtListener parenthetical corpus (CC0).
Judges: Ellington, Andrews, Adams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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