Sexton v. Panel Processing, Inc., No. 13-1604 (6th Cir. 2014)
Annotate this CaseThe Employee Retirement Income Security Act prohibits an employer from retaliating against an employee “because he has given information or has testified or is about to testify in any inquiry or proceeding relating to [the Act],” 29 U.S.C. 1140. Sexton made a one-time unsolicited internal complaint to his employer about alleged violations of the ERISA, with respect to seating employees on the company’s board of directors. About six months later, the company fired Sexton from his job as a general manager. Sexton sued in Michigan state court for violating the state Whistleblower Protection Act and for breaching his employment contract. The company invoked complete preemption under ERISA and removed the case to federal court. Sexton did not challenge the company’s removal of the case or its use of complete preemption. The district court granted the company summary judgment on the ERISA claim and declined supplemental jurisdiction over Sexton’s breach-of-contract claim. The Sixth Circuit affirmed, holding that Sexton’s complaint did not amount to “giv[ing] information ... in any inquiry” under ERISA.
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