Employment and Labor Law

By: Mark S. Thomas & Robert W. Shaw; Willims Mullen (North Carolina & Virginia, USA)

The U. S. Court of Appeals for the Seventh Circuit revived a former employee’s retaliation lawsuit against his employer even though his claim was based on an informal, unwritten inquiry about his retirement benefits. In George v. Junior Achievement of Central Indiana, Inc., No. 11-3291 (7th Cir. Sep. 4, 2012), the court

addressed the scope of retaliation claims under ERISA Section 510 and held that such claims could proceed even though there was no formal proceeding or dispute involving the plaintiff’s benefits. The case shows that employers should take special care to avoid even the appearance of retaliation against an employee who makes informal inquiries about his rights to ERISA-regulated employee benefits.

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