Breach of Contract-ERISA

Listen to this article

WI Court of Appeals – District III

Case Name: William G. Schmidt v. Polk Burnett Electric Cooperative

Case No.: 2021AP001805

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Breach of Contract-ERISA

In January 2009, Schmidt began working as the general manager of the Co-op. Approximately one year later, the Co-op and Schmidt executed an employment agreement, which set forth certain terms and conditions of Schmidt’s employment.  The agreement also contained a provision discussing Schmidt’s entitlement to benefits, including his right to be treated as an eleven-year employee for purposes of calculating those benefits.

Schmidt, pro se, appeals a judgment dismissing his breach of contract claims against his former employer, Polk Burnett Electric Cooperative (“the Co-op”). Schmidt argues that the circuit court erred by concluding that some of his breach of contract claims were preempted by the Employee Retirement Income Security Act of 1974 (ERISA). He also argues that the court erroneously found, after a bench trial, that the Co-op terminated his employment for cause. In short, because the circuit court found that the Co-op had terminated Schmidt’s employment for cause—and such a finding was not clearly erroneous—the court properly concluded that the Co-op was not obligated under the employment agreement to pay Schmidt severance.

Affirmed.

Decided 06/13/23

Full Text