Section 510 of ERISA makes it unlawful for a person to “discharge, fine, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan . . . or for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan.” 29 U.S.C. § 1140. The purpose of this anti-retaliation provision is to prevent employers from terminating or harassing employees in order to stop them from obtaining ERISA-protected benefits.
To prevail under § 510, a plaintiff must demonstrate:
An ERISA retaliation plaintiff need not prove that the sole reason the employer mistreated the employee was to interfere with or avoid paying ERlSA-protected benefits. Rather, an employee must put forth evidence suggesting that interference with ERISA benefits was a motivating factor in the employer’s decision.” Balmat v. Certain Teed Cop., 338 F. App’x 256, 259 (3d Cir. June 22, 2009).