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SEXTON v. PANEL PROCESSING, INC.

No. 13-1604.

754 F.3d 332 (2014)

Brian SEXTON, Plaintiff-Appellant, v. PANEL PROCESSING, INC. and Panel Processing of Coldwater, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 9, 2014.

Attorney(s) appearing for the Case

ARGUED: William A. Pfeifer , Isackson, Wallace & Pfeifer, P.C., Alpena, Michigan, for Appellant. Donald H. Scharg , Bodman PLC, Troy, Michigan, for Appellees. Stephen A. Silverman , United States Department of Labor, Washington, D.C., for Amicus Curiae. ON BRIEF: William A. Pfeifer , Isackson, Wallace & Pfeifer, P.C., Alpena, Michigan, for Appellant. Donald H. Scharg , Steven J. Fishman , David A. Malinowski , Bodman PLC, Troy, Michigan, for Appellees. Stephen A. Silverman , United States Department of Labor, Washington, D.C., for Amicus Curiae.

SUTTON, J., delivered the opinion of the court, in which McKEAGUE, J., concurred. WHITE, J. (pp. 342-52), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

The Employee Retirement Income Security Act prohibits an employer from retaliating against an employee "because he has given information or has testified or is about to testify in any inquiry or proceeding relating to [the Act]." 29 U.S.C. § 1140. When Brian Sexton made a one-time unsolicited complaint to his employer about alleged violations of the Act, did that amount to "giv...

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