VANEGAS v. AMERICAN ENERGY SERVICES

No. 07-0520.

302 S.W.3d 299 (2009)

Ed VANEGAS, Jimmy D. Halman, Sam Armstrong, Alex Carbajal, Roger Farrington, Curtis Huff, and Tito Betancur, Petitioners, v. AMERICAN ENERGY SERVICES, Niewoehner Partnership, L.P., RCH/HSJ/CCM/MCPI, L.P., Autry Stephens, John Carnett, Brack Blackwood, and Dennie Martin, Respondents.

Supreme Court of Texas.

Decided December 18, 2009.


Attorney(s) appearing for the Case

Allen R. Stroder, Odessa, TX, for Petitioner.

Scott M. Kidwell, Steven C. Kiser, Billy Blue Hyatt, Harper Estes, Lynch, Chappell & Alsup, P.C., C.H. (Hal) Brockett Jr., Ryan John McNeel, Brockett & McNeel LLP, Midland, TX, Randal Patterson, Atkins, Hollmann, Jones, Peacock, Lewis & Lyon, Odessa, TX, for Respondents.

Eliot P. Tucker, Tucker, Vaughan, Gardner & Barnes, P.C., Houston, TX, for Amicus Curiae Eliot P. Tucker.

Eric Thomas Stahl, Law Offices of Frank L. Branson, P.C., Dallas, TX, for Amicus Curiae Royalton Real Estate Capital, LLC.


Justice GREEN delivered the opinion of the Court.

In this case, we are asked to decide the enforceability of an employer's alleged promise to pay five percent of the proceeds of a sale or merger of the company to employees who are still employed at the time of the sale or merger. The employer, American Energy Services (AES), argues that because these were at-will employees, any promise was illusory and therefore not enforceable—the company could have avoided...

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