Rosenberger v. United Community Bancshares, Inc.

Illinois Appellate Court
Civil Court
Employment
Citation
Case Number: 
2017 IL App (1st) 161102
Decision Date: 
Friday, February 24, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
HOFFMAN

Plaintiff filed suit alleging his former employer breached employment contract by failing to pay him severance benefits. Court erred in granting summary judgment for employer, as a genuine issue of material fact exists on question of whether employer's performance under Section 4(e) of Employment Agreement was excused under doctrine of legal impossibility. Employer presented no evidence showing that it applied for exception to make severance payment, and did not show that it could not make necessary certification. Genuine issue of material fact exists as to whether plaintiff's conduct was cause for employer to terminate him. (ROCHFORD and DELORT, concurring.t)