The plaintiff brought suit after he became disgruntled with his position with his employer following a merger. The employee's "at will" employment argument is reliant upon outdated and out-of-context Texas authority. Post-merger redundancies are not sufficient to allege fraud; Arete Partners requires a breach of a promise to perform. The employee ratified any alleged fraud by continuing to work at the company for approximately two years after filing his initial claim with the company's human resources department. ERISA completely preempts the employee's state law claims against the company. The district court's judgment is affirmed.
Clayton v. Conocophillips Co.
July 16, 2013