I don’t know what 2009 will bring, but hopefully we will have three new employment law decisions from the Texas Supreme Court.

The first two deal with whether a statement is a promise and that statement’s legal effects. The first case is Vanegas v. American Energy Service.Ed Vanegas worked for American Energy Service in West Texas. The company struggled, and allegedly American Energy Service promised this to Vanegas and other longtime employees, according to his Supreme Court briefing: Stay with the company through the tough times, and you will get 5 percent of the value of a sale or merger of the company. The employees stayed with the company, AES was sold, but no bonus was forthcoming. The employees sued. The 385th District Court in Midland County granted summary judgment to American Energy Service, and Eastland’s 11th Court of Appeals said the trial court was correct to do so.

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