Sixth Circuit Finds That Employee Fired For Internal Email Is Not Protected By ERISA Whistleblower Provisions
The Sixth Circuit Court of Appeals recently tightened the definition of who could be considered an employee whistleblower in Sexton v. Panel Processing, Inc.
The case involved Brian Sexton, who worked as a general manager for Panel Processing in its Coldwater, Michigan facility, as well as trustee for the company's employee retirement program. In 2011, Sexton and one of the other trustees campaigned on behalf of two employees who were running for Panel Processing's board of directors. Though these employees won election, the board refused to seat them because it would violate the company's bylaws, which placed a limit on the number of inside directors. The board also removed Sexton and the other trustee from the retirement plan trusteeship.
Sexton responded by sending an email to the chairman of the board. In it, he complained that the board's actions were violations of both ERISA and the state's Corporations Business Act, as well as other state and federal laws. Sexton stated that he intended to bring these violations to the attention of the federal Department of Labor and the state Department of Licensing and Regulatory Affairs unless they were corrected immediately.