Wilson v. Ashland Hospital Corp., 2000 U.S. App. LEXIS 3565 (6^th Cir. Mar. 3, 2000) (unpublished)-This court affirmed that Wilson failed to show the elements of an ERISA § 510 retaliatory termination.  Ashland fired Wilson from her nursing position after Ashland discovered that she was cashing long-term disability checks for a leg injury that had healed enough to allow her to return to work in a different position.  She initially inquired about the checks and UNUM said that she should report her earnings in the lower paid position so that UNUM could determine and correct the amount of overpayment.  Wilson failed to provide this information, and simply continued to collect and cash the checks—waiting, she explained, for UNUM to tell her how much she owed in reimbursement.

In her § 510 claim, Wilson alleged that "(1) she had received disability benefits in the past and might again in the future; (2) the Medical Center was investigating ways of lowering its benefits costs; and (3) the Center's management asked Dr. Craig (a Center employee) not to include statements regarding possible accommodations in his communications to patient-employees, as he had done with Ms. Wilson."

This court pointed out the plan did not entitle Wilson to receive any more disability benefits, and there was no evidence that further surgery on her leg was likely.  Furthermore, even if she could have established a prima facie case, she would not have been able to show that the Hospital's reason for firing her (dishonesty in accepting the checks) was a pretext.