Lamberton Law Blog
Stay up to date on current developments in employment law and at the Lamberton Law Firm
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Thousands turn out at Sanders rally
Thousands of Pittsburghers showed their love for Senator Bernie Sanders earlier today.
Executive severance agreements, don't go it alone
When it comes to executive severance, don't go it alone. You have too much at risk and too much to protect. We've helped dozens of executives protect themselves, their careers and their families, and we can help you too. Contact the Lamberton Law Firm, LLC and put one of the premier Pittsburgh...
Retaliation and Whistleblowing
Charles Lamberton will be co-presenting a session at national NELA's Spring Convention this April in Boston. Charles's session will address how various types of emerging technology, including social media in all of its forms, have become integral to the way that many of our clients, their...
Crediting non-discriminatory reasons
The judicial function at the summary judgment stage is to decide whether a jury could reasonably find in the employee's favor on the claim at issue. In making its decision, a court follows certain rules. One such rule is that the record must be examined as a whole. Another is that inferences must...
Times reports on forced arbitration and disability discrimination
These recent pieces from the New York Times are must reads: Fake Cover Letters Expose Disability Discrimination In Arbitration, a Privatization of the Justice System...
Discrimination at its essence
The Third Circuit's recent decision in Hassan v. City of New York, — F.3d —, 2015 WL 5933354 is a welcome reminder that the Court understands the real harm inflicted by discrimination. Discrimination is not, and I repeat not, principally an economic tort. Economic losses often result from...
Employer short on direct threat defense
The district court in Pollard v. Drummond Co., Inc., No. 12-03948 N.D. Al. (Sept. 15, 105) found a fact question on whether a coal miner using methadone to control back pain was a direct threat under the ADA. A "direct threat defense must be based on a reasonable medical judgment that relies on...
When protected activity and insubordination collide
In Yazdian v. ConMed Endoscopic Tech., Inc., No. 14-3745 (6th Cir. July 14, 2015), the Sixth Circuit reversed summary judgment for the employer, finding that the employee's complaints could reasonably be understood as complaints of race discrimination, and that there was both circumstantial...
Dos and don'ts on discrimination complaints
How you complain about discrimination at work can make the difference between success and failure on a retaliation claim. So here are some tips on what to do and what not to do when complaining about workplace discrimination. DO: Consult with a lawyer. Complain in writing. Complain promptly...
The fraud called "Free Trade"
In this video, Representative Alan Grayson explains how "free trade" hurts American workers and lowers our standard of living. We don't need another NAFTA. Call or email your congressional representatives and tell them to oppose Fast Track on President Obama's classified Trans-Pacific...
To politely correct the Third Circuit
The plaintiff in Jones v. Southeastern Pennsylvania Transp. Authority, — F.3d — , 2015 WL 4746391 (August 12, 2015) brought a retaliatory discharge claim. The employer asserted that it fired the plaintiff for falsifying time sheets. The plaintiff argued that she was fired for prior protected...
Supreme Court speaks on Pregnancy Discrimination Act
Today the Supreme Court issued a fractured opinion announcing new law on the Pregnancy Discrimination Act. The Act provides that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as other persons not so...
A word of caution for job applicants with criminal history
Employees with criminal backgrounds who are thinking about changing jobs should proceed one step at a time. We have seen many cases where an employee with a criminal history applies for a job with a different employer, goes through the interview process, and receives an oral offer of employment...
Age stereotype precludes summary judgment
The Eighth Circuit reversed the grant of summary judgment in Hilde v. City of Eveleth, February 5, 2105, finding that the employer's assumption that a retirement-eligible applicant would retire if hired for a job was age discrimination on its face. To assume that Hilde was uncommited to a...
EEOC has good day on ADA case in Fifth Circuit
President George H.W. Bush signing the landmark Americans with Disabilities Act in 1990. 24 years later, in EEOC v. LHC Group, Inc., 12/14/14, the Fifth Circuit revived a significant ADA case finding that the questions whether a home health care nurse was promoted to a team leader position...