Judge Dismisses Retaliatory Discharge Claim, Orders Restitution By Fiduciaries

Judge Dismisses Retaliatory Discharge Claim, Orders Restitution By Fiduciaries

GRAND RAPIDS, Mich. - A federal judge in Michigan on Aug. 23 ruled that an executive who claimed that he was terminated because he threatened to report that the company's 401(k) plan was paying excessive fees failed to establish retaliatory discharge in violation of the Employee Retirement Income Security Act, but the judge ordered the plan fiduciaries to pay restitution to remedy their breach of fiduciary duties in allowing such fees to be paid (Charles Huizinga v. Genzink Steel Supply & Welding Co., et al., No. 1:10-CV-223, W.D. Mich.; 2013 U.S. Dist. LEXIS 119942).

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