Supreme Court Won’t Hear ERISA Case Seeking Protection for Unsolicited Complaint

Nov. 17, 2014, 5:00 AM UTC

The U.S. Supreme Court won’t consider whether an employee who makes a single, unsolicited internal complaint about alleged violations of the Employee Retirement Income Security Act is protected by that statute in the event he or she faces an adverse employment action (Sexton v. Panel Processing, Inc., U.S., No. 14-152, cert. denied).

In May, a split panel of judges on the U.S. Court of Appeals for the Sixth Circuit found that a single e-mail to an employer’s board chairman threatening to report ERISA violations didn’t qualify as an action that would give rise to the anti-retaliation provisions of ...

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