lawsuit. Id. At the time this suit was filed, Plaintiff was a former employee of the Daily News. As such, she is only a plan participant if she has “a reasonable expectation of returning to covered employment or [has] a colorable claim to vested benefits.” Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989) (internal quotations omitted). In Minker v. HSB Industrial Risk Insurers, 2000 WL 291542 (D.Del. March 14, 2000), plaintiff sued his employer because he did not receive enhanced severance benefits under a plan that was instituted by the employer several weeks after he resigned. Id. at *1. The court held that “[p]laintiff could not properly assert a claim under § 502(a) because he is not and never was a ‘participant’ in [the plan].” Id. at *3 n. 2 (<HOLDING>). Similarly, Plaintiff in the present case is
holding that garmon preemption provides no basis for removal jurisdiction in federal court and observing that the lower courts are uniform in finding that garmon preemption under the nlra does not completely preempt state laws so as to provide removal jurisdiction holding that gannon preemption does not constitute complete preemption for removal purposes because  7 and 8 of the nlra do not create jurisdiction in the federal district courts instead those provisions vest jurisdiction in the nlrb to determine unfair labor practices and state courts are as able to determine if jurisdiction belongs in the nlrb as are the federal district courts holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists holding that there was no federal question removal jurisdiction under the complete preemption exception to the wellpleaded complaint rule holding that removal is proper based on complete preemption only when congress intended the federal cause of action to be exclusive