Reighard v. Limbach Co., Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff in this action asserts various claims against his former employer pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., including a claim for discriminatory discharge, in violation of Section 510, 29 U.S.C. § 1140. The employer counterclaims for breach of a covenant not to sue contained in plaintiffs employment contract. Among the issues presented at the threshold dismissal stage is whether ERISA preemption bars enforcement of the covenant not to sue.

I

Prior to January 2000, plaintiff, Steven Reighard,…