The Lamberton Law Blog

Pittsburgh employment lawyer Charles A. Lamberton

Court finds employer’s business judgment is BS
August 24, 2017
By: Charles Lamberton

The so-called “business judgment” rule is subject to the “BS” rule; if the facts show that the employer’s business judgment isn’t credible, the claims will go to trial. A recent example comes from a New York federal court in Roa v. Staples, Inc., August 9, 2017, Briccetti, V. The issue in Roa was whether the employer […]

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Donald Trump, the FBI and pretext
May 10, 2017
By: Charles Lamberton

President Donald Trump’s recent termination of FBI Director James Comey belongs in a textbook on employment discrimination. It shows the way employers can get into legal trouble when firing an employee. It is such a textbook example of a “bad termination,” in fact, that an employer seeking to minimize its exposure to a termination-related lawsuit […]

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To politely correct the Third Circuit
August 17, 2015
By: Charles Lamberton

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 activities. One of the plaintiff’s arguments was that she had not […]

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