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Seventh Circuit Holds Employee?ÇÖs Questions are Protected ?Ç£Inquiries?Ç¥ under ERISA Section 510

An executive complained to the company?ÇÖs internal accountants regarding money withheld from his paycheck not being deposited in a timely manner into his retirement and health savings accounts within the time period required by the Employee Retirement Income Security Act (ERISA).?á Over the next few months, the executive made several complaints with other officers of the company, but did not file a written complaint.?á The executive finally received a check to make up for the missed deposits plus interest, but was soon thereafter terminated prior to expiration of his employment agreement.?á The executive filed suit under ERISA Section 510, which prohibits retaliation ?Ç£against any person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to ERISA.?Ç¥?á The district court granted the company?ÇÖs motion for summary judgment and held that Section 510 did not cover the executive?ÇÖs complaints because an ?Ç£inquiry?Ç¥… Continue Reading

November 2012
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