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On August 20, Hildebrand entered into a written contract with the city of Douglasville whereby he was to serve as community development project engineer for three years at a monthly fee of $1,583.33. This salary figure could be changed without affecting the other terms of the contract.
One of the provisions for termination of the contract was written notice by either party to the other at any time at least ninety days prior to the intended date of termination.
The contract listed a substantial number of services and duties Hildebrand was to perform for the city; among the lesser duties were (1) keeping the community development director (Hildebrand's supervisor) informed at all times of his whereabouts and how he could be contacted and (2) attending meetings at which his presence was requested. Two years later, by which time Hildebrand's fee had risen to $1,915.83 per month, the city fired Hildebrand effective immediately, citing ‘‘certain material breaches ... of the ... agreement.'' The city specifically charged that he did not attend the necessary meetings although requested to do so and seldom if ever kept his supervisor informed of his whereabouts and how he could be contacted.
Will Hildebrand prevail in a suit against the mayor and city for the amount of $5,747.49 for breach of his employment contract because of the city's failure to give him ninety days' notice prior to termination?
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