Opinion

Authier v. Ginsberg

  • 757 F.2d 796
  • 6 Employee Benefits Cas. (BNA) 1420
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 26, 1985
Status
Published
Author
Edwards
On the bench
Celebrezze, Edwards, Martin
Cited by
57 cases
Authority
More cited than 19.5%

concluding that Michigan law would recognize a discharged employee’s compliance with ERISA fiduciary duties and obligations as an activity protected by public policy

How later courts described this case

  • concluding that Michigan law would recognize a discharged employee’s compliance with ERISA fiduciary duties and obligations as an activity protected by public policy
  • concluding that Michigan would recognize as protected activity employee’s compliance with ERISA fiduciary obligations
  • finding Michigan’s common law cause of action for discharge in contravention of public policy preempted by ERISA
  • finding fiduciary’s state claim based on unlawful discharge preempted

Written by the judges who cited it.

The opinion

GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge,

concurring in part and dissenting in part.

This appeal poses many problems but I am not persuaded that the jury award should be vacated. Plaintiff pled and presented evidence to support a claim that he was wrongfully discharged for seeking to uphold his fiduciary duties under ERI-SA. In my opinion, plaintiff stated a cause of action under Michigan law for wrongful discharge in violation of public policy. The following cases illustrate Michigan’s stated policy in this regard. I recognize that it has been more often stated in dicta than illustrated in judgments. Nonetheless, the facts in this case as viewed by this jury fit the Michigan theory and I see no reason to doubt that Michigan would protect the integrity of ERISA as part of its own public policy. See Suchodolski v. Michigan Consolidated Gas Co., 412 Mich. 692 , 316 N.W.2d 710 (1982); Trombetta v. Detroit, Toledo & Ironton Railroad Co., 81 Mich. App. 489 , 265 N.W.2d 385 (1978) and Sventko v. Kroger Co., 69 Mich.App. 644 , 245 N.W.2d 151 (1976).

*803 I should add that I do not think ERISA preempted the Michigan cause of action spelled out above. ERISA does not expressly create a federal cause of action for wrongful discharge of a fiduciary.

While, if I were not writing in dissent, I would give serious thought to defendants’ remittitur motion, I do not join in vacation of the entire jury award.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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