Fired Elan Employees Told They Can't Add Fraud to Whistleblower Suit

ATLANTA - Georgia's high court on July 12 let stand a ruling preventing ex-employees of a pharmaceutical company from adding breach of contract and fraud claims to their whistleblower lawsuit. Balmer v. Elan Corp., No. S03G1499 (Ga. Sup.).

Writing for the Georgia Supreme Court majority, Justice Hugh P. Thompson said while there has been no dispositive Georgia ruling on the issue, 'we apply well-settled doctrines of Georgia law and hold that Elan's oral promise not to fire appellants does not modify the terms of their at-will employment relationship and does not create an enforceable contract.'

Damon E. Balmer and six …