Termination After Unsolicited Complaints About Benefit Plan Not Retaliation

Shortly after an employee complained about problems with an employer's benefit plan, she was terminated.  She sued claiming retaliation under ERISA Section 510.  The case was quickly dismissed because the court determined that unsolicited generalized complaints are not protected under ERISA's anti-retaliation statute, Section 510.  Instead, the information provided must have been given after someone approached the employee and she was asked to provide information. For anyone interested in reading this case, it is Edwards v. A.H. Cornell & Son, 610 F.3d 217 (3rd Cir. 2010).

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