Funkhouser

We must decide whether a federal court may rule on ERISA preemption of a state law claim when it ultimately declines to exercise supplemental jurisdiction.

I

In December 1998, Wells Fargo Bank merged with Northwest Bank to form a new entity that adopted the Wells Fargo name. In the wake of the merger, Wells Fargo changed its employee sick-time and vacation policy. Under the pre-merger sick-time policy, employees earned one sick day per month. Unused sick days could be carried over to succeeding years, but employees could take no more than 120 days per year. Employees were allowed to take up to ten sick days per year *1140 to care for a family member’s illness. Sick days taken were paid at full pay, but unused days were not payable at termination.

Under the pre-merger vacation policy, employees earned between five and twenty-five days of paid vacation per year, depending upon seniority. Unused vacation days could be carried over to succeeding years, and were payable at termination.

The Paid Time Off (“PTO program”) and Short Term Disability (“STD program”) programs replaced the sick-time and vacation policies. The PTO program affords employees between twenty-five and…