Vanegas v. American Energy Services

AES (defendant) orally promised its at-will employees (plaintiffs) that if the company were sold or merged, employees still employed at that time would together receive five percent of the sale value; AES was later sold but refused to pay, and the remaining employees sued for breach of an oral contract. AES moved for summary judgment, arguing the promise was illusory (since it involved an at-will relationship either side could terminate at any time) and therefore unenforceable; the trial court and court of appeals agreed, and the employees appealed.