Texas Health Enterprises, Inc. v. Kirkgard

OPINION

BURGESS, Justice.

Teresita Belen Kirkgard and Thelma Jean Rogers initiated this action, alleging Texas Health Enterprises (“T.H.E.”) wrongfully terminated their employment for refusing to sign a waiver of their rights under the Texas Workers’ Compensation Act. The case was removed to federal court, then remanded to state court. The federal district court’s order stated: “it is untrue that Plaintiffs’ allegations are necessarily federal in character in that they fall under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq.” Kirkgard and Rogers obtained an…