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Court orders more proceedings on suit involving former Junior Achievement VP

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The 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of his protests about the company’s failure to deposit money into his retirement account.

Victor George discovered in the summer of 2009 that money withheld from his paycheck wasn’t being deposited into his retirement and health savings accounts. He lodged several complaints with Junior Achievement accountants and some executives and contacted the U.S. Department of Labor. He declined to file a written complaint, however. In October 2009, he received checks in the amount owed, plus interest.

George was contemplating retirement when, in early January 2010, JA’s president told George not to come to work the next day. He believes his protests to how JA handled his retirement funds led to his firing. Section 510 of the act prohibits retaliation “against any person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to this [Act].”

Junior Achievement argued – to which the trial court agreed – that the language doesn’t cover George’s complaint. The Circuit courts have disagreed about the scope of Section 510. Some have observed that “testify” and “proceeding” denote formal actions and that “inquiry” also should be understood as a formal proceeding. Two Circuits held Section 510 applies to unsolicited informal complaints, and the 9th Circuit stated that reporting misconduct is a necessary step in the commencement of any formal inquiry.

“We conclude that the best reading of §510 is one that divides the world into the informal sphere of giving information in or in response to inquiries and the formal sphere of testifying in proceedings. This means that an employee’s grievance is within §510’s scope whether or not the employer solicited information. It does not mean that §510 covers trivial bellyaches — the statute requires the retaliation to be ‘because’ of a protected activity,” Chief Judge Frank Easterbrook wrote in Victor George v. Junior Achievement of Central Indiana Inc., 11-3291. “Someone must ask a question, and the adverse action must be caused by the question or the response. What’s more, the grievance must be a plausible one, though not necessarily one on which the employee is correct.”

“George notified Junior Achievement of the potential breach of its fiduciary duties and asked (repeatedly) what would be done to remedy the situation. Those conversations involved an ‘inquiry,’ as we understand that word, because Junior Achievement responded to them rather than ignoring them,” he continued.

The judges reversed summary judgment and noted the District Court must decide whether there is some other ground on which this case may be resolved short of trial or whether a trial on causation is necessary.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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