Breach of Fiduciary Duty In the Employment Context in Georgia
The Georgia Supreme Court has held that fiduciary duties are owed where a confidential relationship exists between the parties. Atlanta Market Center Management Co. v. McLane, 269 Ga. 604, 606, 503 S.E.2d 278, 281 (1998). O.C.G.A. § 23-2-58 delineates that a “confidential relationship” arises under Georgia law:
. . . whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling authority over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as the relationship between partners, principal and agent, etc.
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