Hagler v. J.F. Jelenko & Co.

TURNAGE, Judge.

J.F. Jelenko & Company appeals from a judgment on a jury verdict against it for $10,665.00 on Gordon W. Hagler’s claim for breach of contract. Jelenko argues that Hagler’s common law contract claim was preempted by the Employee Retirement Income Security Act of 1974, 29 § U.S.C. 1001, et seq. (1982) (ERISA), and that Ha-gler failed to make a submissible contract case.

Reversed.

Hagler pleaded a cause of action for breach of an employment agreement. He alleged that he had worked for Jelenko for more than 15 years and that one of the terms of his employment contract was that, in…