Marcoz v. Summa Corp.

OPINION

This is an action by appellant Franco A. Marcoz (Marcoz) against his former employer Summa Corporation (Summa) for wrongful termination of employment. In a question of first impression, this court must determine whether a discharged employee’s allegation of bad faith termination for the purpose of saving or reducing the employer’s obligation for future contributions to the employee’s retirement plan is preempted by the provisions of section 510 of the federal Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq. (1982)). Marcoz is attempting to bring his…