Elaine Ann Gold Et Al.v.Dekalb County School District Et Al.
Employees of the DeKalb County School District sued after the District suspended contributions to a tax-sheltered annuity plan without giving the two years’ advance notice described in a Board policy. The superior court held that no enforceable contract existed and entered judgment for the District, treating the employees’ other motions as moot. The Georgia Court of Appeals reversed on liability and vacated the remainder of the order. The court held that the Board’s notice promise could become part of the employees’ employment contracts because it complied with the governing statutory framework and was supported by the complete record developed through discovery. The District therefore could not obtain summary judgment on the breach-of-contract issue. The appellate court vacated the rulings on the employees’ motion for summary judgment and class certification so the trial court could reconsider them in light of the contract holding. A special concurrence emphasized that the record now supplied the evidence the court had identified as potentially sufficient in an earlier appeal and treated the notice protection as part of the employment contract.
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