Hagel v. United Land Co.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This employment contract dispute raises the somewhat novel question whether an agreement providing for the payment of an employee’s share of certain company profits in installments over a five-year period is an “employee pension benefit plan” or an “employee welfare benefit plan” subject to the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (“ERISA”). At issue is whether an alleged breach of the agreement gives rise to federal ERISA claims or merely state common law claims. Because the Court…