Mealey's (November 27, 2019, 2:06 PM EST) -- NEW ORLEANS — A Chevron USA Inc. employee whose position was selected for elimination as part of cutbacks but who was fired for poor performance one day before the layoffs were announced failed to show that the reason for his firing was pretextual, a Fifth Circuit U.S. Court of Appeals panel ruled Nov. 22, affirming a trial court’s summary judgment ruling for the employer on Employee Retirement Income Security Act claims (Nikesh Shah v. Chevron USA, Incorporated, No. 18-20817, 5th Cir., 2019 U.S. App. LEXIS 35013)....