Kern v. Sitel Corp.

BENAVIDES, Circuit Judge:

Appellant Greg Kern appeals the district court’s denial of his motion for summary judgment and the grant of summary judgment for Appellee SITEL Corporation (“SITEL”), in which the district court found the 2003 Sales Compensation Plan (“the Plan”) ambiguous and, therefore, subject to SITEL’s final interpretive authority. Although we agree with Kern that the Plan is unambiguous, we find that, under Texas law, SITEL retains final interpretive authority under the Plan. Therefore, we AFFIRM.

I

Kern was hired by SITEL as Vice President, Business Development in June 2003. He…