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An employee may not generally obtain specific performance of his contract of employment. An employer may, rightfully or wrongfully, remove an employee from his employment at any time. The employee's only recourse for wrongful removal is the recovery of damages; he has no right to recover the position and title of his employment. It follows that an employee has no property right in such position and title.
Franklin C. "Pepper" Rodgers brought this breach of contract action against the Georgia Tech Athletic Association to recover the value of certain perquisites which had been made available to him as the head coach of football at the Georgia Institute of Technology. Both parties moved for summary judgment, Rodgers' motion encompassing only the issue of liability under his contract of employment with the Association. The trial court granted the Association's motion and denied Rodgers' motion.
Was the summary judgment in favor of the Association proper?
The court held that summary judgment in favor of the Association was inappropriate because a question of fact remained as to whether Rodgers was entitled to recover certain items. Additionally, the judgment was affirmed in part, because the found that certain items relating to housing, the cost of premiums on a life insurance policy, and various financial gifts were properly excluded. The court also found that certain items had been discontinued as a direct result of Rodgers being relieved of his duties as the head coach. Further, the court reasoned that because Rodgers had been relieved of his coaching duties, the Association was not obligated to pay Rodgers’ expenses for various football-related activities.