Pretext

  • Court finds employer’s business judgment is BS

    … because of her disability, or whether it fired her for stealing a bag of potato chips. The plaintiff was diagnosed with several medical conditions that restricted her from lifting over ten pounds, raising and reaching her arms above her shoulders, turning and twisting her neck, operating electric machinery, and performing repetitive motions. She was put…

    Lamberton Law Firm, LLC- 13 readers -
  • Donald Trump, the FBI and pretext

    … Donald Trump claims he fired FBI Director Comey because he mishandled the investigation of Secretary Clinton’s emails. Yet that investigation took place and was over before Trump was elected President. To the extent Comey mishandled anything, Trump clearly knew about it on the first day he took office. Yet, he waited 108 days to fire him…

    Lamberton Law Firm, LLC- 15 readers -
  • To politely correct the Third Circuit

    …….” In fact, however, proof that an employer’s reasons are false is strong circumstantial evidence of retaliation. The Third Circuit has long held that summary judgment is improper when the plaintiff contradicts the core facts underlying an employer’s termination decision. Tomasso v. Boeing Co., 445 F.3d 702, 707 (3rd Cir. 2006); Brewer v. Quaker State Oil…

    Lamberton Law Firm, LLC- 11 readers -