Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Scott A. Brister, Justice Harriet O'Neill
Ed Vanegas, et al. v. American Energy Services, et al.
from Midland County and the 11th District Court of Appeals, Eastland
For petitioners: Allen R. Stroder, Odessa
For respondents: Harper Estes, Midland
The Supreme Court will hear arguments on whether promise is illusory to share future merger proceeds for at-will worker’s staying with company.
The issue is whether an alleged oral promise to share proceeds from a merger, conditioned on employees remaining with a young company, was illusory because the employees worked at-will and were subject to firing at any time. Vanegas and other employees sued AES for breaching a contract under which they claim AES promised them 5 percent of proceeds from selling the company if they would continue working for it until it was sold or merged. The trial court granted AES’s summary-judgment motion. The court of appeals affirmed, holding that the contract, being illusory, could not be support the promised bonus because the company could fire the workers at any time.
The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument.
This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits.
Texas Supreme Court advisory
Contact: Osler McCarthy,
Staff Attorney for Public Information
(512) 463.1441 or email: firstname.lastname@example.org