http://www.rubinfortunato.com/ At Rubin Fortunato, we've built a nationally-respected employment law practice based in Philadelphia, Pennsylvania. en Copyright 2010 Rubin, Fortunato & Harbison P.C. 2010-02-12T21:43:37+00:00 http://www.rubinfortunato.com/news/court-allows-whistleblower-case-against-us-foodservice-to-proceed/ http://www.rubinfortunato.com/news/court-allows-whistleblower-case-against-us-foodservice-to-proceed/#When:21:43:37Z MEDIA ADVISORY (US District Court, Middle District of PA; Civil Action No. 3:09-0092). Last week, a federal judge denied a motion by U.S. Foodservice to dismiss a whistleblower case involving a Pittston man and his allegations that the company’s actions were endangering public safety.

In May 2009, Ronald Oliveri, Jr., filed a whistleblower lawsuit in federal court against his former employer, U.S. Foodservice, alleging that the company terminated his employment as a Transportation Manager because he complained about and refused to violate commercial driver safety regulations. Oliveri, through his attorneys at Rubin, Fortunato & Harbison P.C. in Paoli, PA, alleges that U.S. Foodservice’s termination of his employment constituted: (1) retaliation in violation of the federal Surface Transportation Assistance Act (“STAA”); and (2) wrongful discharge in violation of public policy under Pennsylvania law. In July 2009, U.S. Foodservice filed a Motion to Dismiss both counts in Oliveri’s complaint.

By Memorandum dated February 9, 2010, The Honorable James M. Munley denied U.S. Foodservice’s Motion to Dismiss in its entirely, allowing both of Oliveri’s whistleblower claims to proceed. Oliveri v. U.S. …

more »]]> 2010-02-12T21:43:37+00:00 http://www.rubinfortunato.com/news/woman-files-law-suit-claiming-discrimination/ http://www.rubinfortunato.com/news/woman-files-law-suit-claiming-discrimination/#When:15:36:15Z
more »]]> 2009-12-24T15:36:15+00:00 http://www.rubinfortunato.com/news/lawsuit-says-religious-discrimination-was-reason-for-firing/ http://www.rubinfortunato.com/news/lawsuit-says-religious-discrimination-was-reason-for-firing/#When:13:37:55Z Lawsuit says religious discrimination was reason for firing

A Souderton woman says a local business retaliated by firing her when she went to a company official to get relief from co-workers’ anti-Jewish comments.

A lawsuit recently filed on behalf of the woman asks that she be rehired by Clayton H. Landis Company Inc., of Franconia, receive payment for lost earnings, and get compensation for the emotional distress suffered from the situation.

The lawyer for the company, which is also known as CHL Systems, says the lawsuit has no merit.

The lawsuit gives the following account:

Amy Elsner was hired on Sept. 10, 2007, as a full-time document control specialist.

During the first few weeks on the job, as two of her co-workers were talking, one said her former employer did not pay his workers well and was “cheap.”

Another woman replied that, “Oh, he must have been Jewish,” according to the lawsuit.

After Elsner said she was Jewish, the woman said, “Oh, no offense.”

On another occasion, when Elsner tried to join a pre-Christmas conversation that included religious …

more »]]> 2009-12-23T13:37:55+00:00 http://www.rubinfortunato.com/news/souderton-woman-sues-clayton-h-landis-co-over-religious-discrimination/ http://www.rubinfortunato.com/news/souderton-woman-sues-clayton-h-landis-co-over-religious-discrimination/#When:21:23:39Z (US District Court, Eastern District of PA; Civil Action No. 2:09-cv-05990). The Paoli-based law firm of Rubin Fortunato has filed a lawsuit on behalf of Souderton resident Amy F. Elsner against Clayton H. Landis Company, Inc. (also known as CHL Systems) alleging religious discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and the Pennsylvania Human Relations Act.

ABOUT THE CASE

The Plaintiff, Amy Elsner, was employed as a Document Control Specialist with CHL from September 10, 2007 until her termination on January 23, 2008. From the earliest weeks of her employment, Mrs. Elsner was subjected to hurtful, insensitive, and discriminatory comments by her co-workers about her religion and Jewish heritage. When Mrs. Elsner contacted the Human Resources department to report one such comment, CHL’s Human Resources Manager communicated CHL’s decision to terminate Mrs. Elsner’s employment because she was not a “good fit” for the company.

CHL claims that it fired Mrs. Elsner for alleged poor work performance. At trial, Mrs. Elsner will assert that …

more »]]> 2009-12-18T21:23:39+00:00 http://www.rubinfortunato.com/news/invigorating-and-thrilling-main-line-attorney-appears-before-us-supreme-court/ http://www.rubinfortunato.com/news/invigorating-and-thrilling-main-line-attorney-appears-before-us-supreme-court/#When:18:02:47Z
Jason E. Murtagh, 34, of Bala Cynwyd, is an attorney in Paoli with the firm Rubin, Fortunato and Harbison, P.C. and has done a lot of product-liability defense work. These days he’s spending time in areas such as employment law, trade secrets and restrictive covenants.

But this recent case was different in that he represented a New York resident on a civil-rights issue.

“It’s one of those cases that lawyers love,” Murtagh said during a recent interview. “It’s a fascinating issue of constitutional law.”

The fundamental question in the case was whether New York State — despite a federal law to the contrary — could close its courts to certain federal lawsuits. The federal law is commonly referred to as Section 1983 and is designed to protect a person’s civil rights. The laws date back more than a century and were designed specifically to address abuses suffered by Southern black Americans, who in the post-Civil War period often were …

more »]]> 2009-08-06T18:02:47+00:00 http://www.rubinfortunato.com/news/julie-uebler-named-top-lawyer-by-main-line-today-magazine/ http://www.rubinfortunato.com/news/julie-uebler-named-top-lawyer-by-main-line-today-magazine/#When:17:20:45Z Main Line Today Magazine, Julie Uebler was named a “Top Lawyer” in Labor Law for Employees. Click on the attached pdf to read the full profile.]]> 2009-08-01T17:20:45+00:00 http://www.rubinfortunato.com/news/young-attorney-victorious-in-first-supreme-court-case/ http://www.rubinfortunato.com/news/young-attorney-victorious-in-first-supreme-court-case/#When:18:55:03Z Jason Murtagh, 34, recently remarked that for him, in the matter of Haywood v. Drown, the most nerve-wracking moment was when the U.S. Supreme Court granted writ of certiorari on June 16 of last year.

That’s because he was the one set to argue the case.

Two days prior to arguing before the most powerful panel of judges in the country, Murtagh surveyed the battleground. He said he noticed while standing in the empty room that the podium could be readjusted for different heights. It gave him a moment of pause.

“There’s something about standing where you’re going to argue, to get familiar with where the justices are going to sit, to get comfortable with your environment,” Murtagh said in a recent interview.

When it came time to argue his case, Murtagh said, he had found a place of solace.

“At that point you know your case better than anyone else,” he said. “It felt like an intellectual roundtable.”

FAMILY TIES

Karen Murtagh-Monks, executive director of Prisoners’ Legal Services of New York, or PLSNY, was the one who originally …

more »]]> 2009-06-30T18:55:03+00:00 http://www.rubinfortunato.com/news/young-paoli-attorney-wins-case-before-us-supreme-court/ http://www.rubinfortunato.com/news/young-paoli-attorney-wins-case-before-us-supreme-court/#When:20:09:25Z WASHINGTON, DC—On Tuesday, May 26^th, 2009, Jason E. Murtagh, a 34-year old attorney with Paoli-based Rubin Fortunato & Harbison, P.C., garnered his first United States Supreme Court ruling when the court issued its opinion in Haywood v. Drown, a case involving the question of whether a state can close its courthouse doors to certain types of federal claims because the state believes many of those types of federal claims are frivolous, vexatious, or otherwise contrary to the state’s policy.

The case involved inmate Keith Haywood’s suit against New York State prison employees for alleged violations of his civil rights. New York courts dismissed the complaints, claiming lack of jurisdiction to decide grievances against corrections officers. The Supreme Court’s ruling yesterday means that an individual has the choice of where to file his or her federal claims – either in federal courts or in state courts, where filing fees are lower and the courthouses themselves are often more conveniently located.

Murtagh, named a shareholder at the firm in January of 2009 one month after his argument before the Supreme Court, …

more »]]> 2009-05-27T20:09:25+00:00 http://www.rubinfortunato.com/news/worker-firing-stems-from-making-claims/ http://www.rubinfortunato.com/news/worker-firing-stems-from-making-claims/#When:11:01:00Z PITTSTON—A former transportation supervisor for U.S. Foodservice claims in a lawsuit that he was fired after he reported the company had violated several trucking safety regulations, including allowing a driver to continue working after he tested positive for drug use.

The lawsuit, filed Friday in federal court in Scranton by Ronald Oliveri Jr. of Pittston, claims officials with the firm’s Pittston office also allowed unsafe trucks to go out on the roads, resulting in at least one accident and possibly the death of one driver and sickening of another from carbon monoxide poisoning.

The suit, filed by attorney Julie Uebler of Paoli, says Oliveri was employed from January 2007 until Oct. 15, 2008, and had always gotten good reviews. He was fired one day after he phoned a hotline established by U.S. Foodservice that allowed employees to anonymously report allegations of safety violations.

“He stood up and did what he thought was the right thing to do and now he’s suffering the consequences of that,” Uebler said.

According to the suit:

In or around July 2007, Oliveri became concerned that …

more »]]> 2009-05-19T11:01:00+00:00 http://www.rubinfortunato.com/news/luzerne-county-man-files-whistleblower-suit-against-us-foodservice/ http://www.rubinfortunato.com/news/luzerne-county-man-files-whistleblower-suit-against-us-foodservice/#When:11:02:23Z PRESS RELEASE (US District Court, Middle District of PA; Civil Action No. 3:09-00921) Ronald Oliveri, Jr., of Pittston, PA, has filed a whistleblower lawsuit in federal court against his former employer, U.S. Foodservice, alleging that the company terminated his employment as a Transportation Manager because he complained about and refused to violate commercial driver safety regulations. Oliveri, through his attorneys at Rubin, Fortunato & Harbison P.C. in Paoli, PA, alleges that his termination violated both the Surface Transportation Assistance Act as well as public policy under Pennsylvania law.

About Oliveri’s Employment History and the Nature of the Claims

Oliveri started his employment as a Transportation Supervisor at U.S. Foodservice’s North Star division in January of 2007 and quickly established himself as a valuable employee, implementing profitable initiatives and increasing overall division performance. As a result, on a number of occasions, Oliveri was asked to travel to other company locations to conduct training and deliver speeches on best practices, all the while receiving salary and bonus increases and a promotion to Transportation Manager.

However, over time, it became clear to Oliveri …

more »]]> 2009-05-18T11:02:23+00:00 http://www.rubinfortunato.com/news/discrimination-case-handled-by-julie-uebler-receives-significant-ruling/ http://www.rubinfortunato.com/news/discrimination-case-handled-by-julie-uebler-receives-significant-ruling/#When:11:59:21Z employment discrimination plaintiffs in Pennsylvania cannot be barred from pursuing both federal and state law claims if they file a timely request with a federal agency to have their claims cross-filed with the state agency.

In her 55-page opinion in Seybert v. The International Group Inc. , U.S. District Judge Gene E.K. Pratter ruled that a sexual harassment plaintiff is entitled to rely on the “worksharing agreement” between the Pennsylvania Human Relations Commission and the U.S. Equal Employment Opportunity Commission.

IGI’s lawyer, William T. Wilson of MacElree Harvey in West Chester, Pa., argued that plaintiff Susan Seybert’s claim under the Pennsylvania Human Relations Act should be tossed out because the EEOC delayed the cross-filing of Seybert’s claim with the PHRC.

Wilson argued that Seybert “apparently relied on a request made to the EEOC that it file a copy of her charge with the PHRC, and did not take steps to ensure that filing otherwise.”

As a result, Wilson argued, Seybert’s …

more »]]> 2009-03-23T11:59:21+00:00 http://www.rubinfortunato.com/news/law-firm-deals-in-whistleblower-suits/ http://www.rubinfortunato.com/news/law-firm-deals-in-whistleblower-suits/#When:20:11:08Z TREDYFFRIN — Employment lawyer Michael J. Fortunato recently won a $1.8 million award, plus attorneys’ fees, for his plaintiff client, a Coatesville man, and a month earlier secured a defense verdict for a separate corporate defendant.

These two unrelated jury trials were among the first of their kind, both prosecuting and defending Sarbanes-Oxley whistleblower cases.

Fortunato, chairman of the employment law group of Rubin, Fortunato & Harbison headquartered in Paoli, said the law firm is predominately a defense firm, defending companies against whistleblowers.

On occasion, the firm does represent the whistleblowers.

“Our job as lawyers is not on one side or the other, instead it is to pursue justice,” the 43-year-old lawyer from Bethel, Delaware County, said Friday.

The most recent victory came in mid-September, in Feliciano v. Parexel International when a jury in the U.S. District Court’s Eastern District of Pennsylvania awarded $1.8 million in punitive damages for wrongful termination, plus nearly $100,000 in compensatory damages, plus attorneys’ fees, to Fortunato’s client.

The client, Oswaldo Feliciano of Coatesville, was a computer systems engineer who was fired after …

more »]]> 2008-10-05T20:11:08+00:00