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Seventh Circuit Holds Internal Grievances About Employer Fiduciary Duty Breaches Are Actionable Under ERISA Sec. 510
Drinker Biddle Link to more items from this source
Oct. 5, 2012

"Concluding that the language of Section 510 of ERISA was 'ambiguous' and 'a mess of unpunctuated conjunctions and prepositions,' the Seventh Circuit concluded that, 'an employee's grievance is within Section 510's scope whether or not the employer solicited information.' The court did, however, reiterate the high threshold to prevail on a Section 510 claim: 'It does not mean that Section 510 covers trivial bellyaches -- the statute requires the retaliation to be "because" of a protected activity.... What's more, the grievance must be a plausible one, though not necessarily one on which the employee is correct.'"

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