Breach of Contract - Employment Agreement

Shoals Extrusion, LLC v. Beal, [Ms. 1170673, Apr. 19, 2019] __ So. 3d __ (Ala. 2019). The Court (Mitchell, J.; Parker, C.J., and Shaw, Bryan, and Mendheim, JJ., concur) reverses a summary judgment entered by the Lauderdale Circuit Court awarding severance benefits pursuant to a written employment agreement.

The Court held there were genuine issues of material fact concerning the employee’s alleged breach of the employment agreement so that he could not enforce the severance benefit. Ms. *9. The Court applied settled law that a court “should not enforce an agreement where the party seeking to enforce the agreement has failed to perform his part of the bargain.” Ibid., quoting Smith v. Clark, 341 So. 2d 720, 721 (Ala. 1977).

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