Court Opinion: 10th Circuit Affirms Award of a Severance Plan Following Job Role Diminishment After Acquisition

The 10th Circuit Court of Appeals building in Denver, also known as the Byron White building.

Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.

Hoff v. Amended and Restated Anadarko Petroleum Corp., et al. 


David Hoff sought benefits under Anadarko Petroleum’s severance plan following the company’s acquisition by Occidental Petroleum in 2019.

Hoff resigned, claiming his job duties were substantially reduced after the acquisition. Under the severance plan, an employee could leave Occidental in the first year after the acquisition as long as the employee’s job duties had been “materially” and “adversely” diminished from what they were prior to the acquisition. 

Occidental, however, denied him benefits on the ground that his resignation was not supported by the change in his job duties. 

Hoff sued in federal court, and the district court sided with him, finding that his job duties and responsibilities were materially and adversely diminished after the acquisition. 

The 10th Circuit Court of Appeals found that the district court didn’t err in finding Hoff experienced a material and adverse diminishment in his job duties. It also found that Hoff’s reduced workload qualified as a good reason under the severance plan and that it was enough to obtain benefits under its terms. 

The 10th Circuit affirmed. 

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