Foshee v. Georgia Gulf Chemicals & Vinyls, L.L.C.

|.I respectfully dissent. Plaintiff Mark Foshee met all stated requirements to participate in Georgia Gulfs 2004 profit sharing plan, and Georgia Gulfs decision to fire him in 2005 does not give it license to retroactively take away a bonus he had already earned. Moreover, the court of appeal opinion and our recall of the writ do not give proper deference to the credibility and factual findings of the trial court, which found Foshee’s performance as a Georgia Gulf employee acceptable. I would therefore reverse the appellate court ruling and enter judgment for plaintiff.

A. Foshee’s Entitlement…