Lee's practice focuses on the following areas of the law: employment law, labor law, environmental law and toxic torts.
Lee joined Marshall, Dennehey, Warner, Coleman & Goggin in 2006 as a summer associate in the Philadelphia office. He continued to work with the firm through his final year of law school and returned to the Philadelphia office as an associate in the firm's Employment Law Practice Group following graduation.
Lee graduated from Syracuse University in 2004, double majoring in Communications & Rhetorical Studies and Political Science. In 2007, he received his juris doctor, cum laude, from Widener University School of Law. In addition, Lee was awarded a Business Organization Law Certificate, with honors. During law school, he served as an administrative board member of the Delaware Journal of Corporate Law and as a member of the Moe Levine Trial Advocacy Honor Society.
Associations & Memberships
· American Bar Association
· Pennsylvania Bar Association
· Philadelphia Bar Association
Year Joined Organization: 2006
Publications
The Supreme Court holds that a governmental employee's claim for retaliation pursuant to the Petition Clause of the First Amendment fails unless the petition relates to a matter of public concern.
Law Alerts · October 1, 2011
The plaintiff filed a union grievance following his termination as chief of police of the Borough of Duryea. Pursuant to the provisions of the collective bargaining agreement between the police union and the borough, the plaintiff was reinstated as..., Case Law Alert - 3rd Qtr 2011
The Third Circuit holds that a potential collective action pursuant to the Fair Labor Standards Act did not become moot when the only current plaintiff received an offer of judgment representing full relief for the plaintiff's claim.
Law Alerts · October 1, 2011
The plaintiff initiated a collective action on behalf of herself and all similarly situated individuals, alleging that the employer violated the Fair Labor Standards Act (FSLA) by implementing a policy subjecting certain employees to an automatic..., Case Law Alert - 4th Qtr 2011
The Third Circuit holds that plaintiff failed to establish pretext when his employment was terminated because of the employer's safety concerns following an angry outburst by the employee and his subsequent viewing of blocked gun websites at work.
Law Alerts · October 1, 2011
The Third Circuit upheld summary judgment in favor of an employer who terminated the plaintiff's employment after he expressed anger concerning the employer's offer of a lower paying position and after it learned that he was accessing blocked..., Case Law Alert - 4t Qtr 2011
District Court fails to dismiss the plaintiff's wrongful termination claim, relying on the public policy found in the Nursing Home Administrators License Act.
Law Alerts · October 1, 2011
The plaintiff filed a wrongful termination lawsuit against his former employer following his termination as a nursing home administrator. As the nursing home administrator, the plaintiff was responsible for the overall management of the facility and..., Case Law Alert - 4th Qtr 2011
District Court holds that plaintiff's receipt of Social Security Disability benefits judicially estopped her from proceeding with her disability discrimination claim.
Law Alerts · October 1, 2011
The plaintiff received a letter on August 29, 2007, which notified her that her employment with the employer was suspended and the employer would be considering her termination at its next meeting. On September 21, 2007, the plaintiff received..., Case Law Alert - 4th Qtr 2011
The Supreme Court holds that the largest potential class action employment lawsuit was improperly certified as a class action.
Law Alerts · October 1, 2011
In Dukes, the Supreme Court was tasked to address whether the most expansive gender discrimination case was properly certified as a class action in accordance with the Federal Rules of Civil Procedure. There, the class plaintiffs were current or..., Case Law Alert - 4th Qtr 2011
The Supreme Court holds that a governmental employee's claim for retaliation pursuant to the Petition Clause of the First Amendment fails unless the petition relates to a matter of public concern.
Law Alerts · October 1, 2011
The plaintiff filed a union grievance following his termination as chief of police of the Borough of Duryea. Pursuant to the provisions of the collective bargaining agreement between the police union and the borough, the plaintiff was reinstated as..., Case Law Alert - 3rd Qtr 2011
The Third Circuit holds that a potential collective action pursuant to the Fair Labor Standards Act did not become moot when the only current plaintiff received an offer of judgment representing full relief for the plaintiff's claim.
Law Alerts · October 1, 2011
The plaintiff initiated a collective action on behalf of herself and all similarly situated individuals, alleging that the employer violated the Fair Labor Standards Act (FSLA) by implementing a policy subjecting certain employees to an automatic..., Case Law Alert - 4th Qtr 2011
The Third Circuit holds that plaintiff failed to establish pretext when his employment was terminated because of the employer's safety concerns following an angry outburst by the employee and his subsequent viewing of blocked gun websites at work.
Law Alerts · October 1, 2011
The Third Circuit upheld summary judgment in favor of an employer who terminated the plaintiff's employment after he expressed anger concerning the employer's offer of a lower paying position and after it learned that he was accessing blocked..., Case Law Alert - 4t Qtr 2011
The Pennsylvania Superior Court upholds a $187 million judgment in favor of employees who were allegedly forced to work off the clock and skip breaks.
Law Alerts · July 1, 2011
The Pennsylvania Superior Court upheld a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy. Specifically, the class of plaintiffs..., Case Law Alert - 3rd Qtr 2011
The Third Circuit holds that plaintiff's admitted violation of his employer's zero tolerance policy regarding workplace threats mandates dismissal of his discrimination claims.
Law Alerts · July 1, 2011
The Third Circuit upheld summary judgment in favor of an employer who terminated the plaintiff's employment for violating its zero tolerance policy. Specifically, the plaintiff had previously filed three claims of discrimination against the employer..., Case Law Alert - 2rd Qtr 2011
District court holds that the public policy exemption to at-will employment does not extend to wage payment-related retaliatory discharge claims.
Law Alerts · July 1, 2011
The plaintiff filed a wrongful discharge claim against his former employer, alleging his employment was terminated in retaliation for filing a prior lawsuit against his employer, which alleged violations of the Pennsylvania Wage Payment and..., Case Law Alert - 3rd Qtr 2011
The Supreme Court holds that the fair labor standard act's anti-retaliation provision includes oral as well as written complaints.
Law Alerts · July 1, 2011
The plaintiff alleged that his employment was terminated after he made several oral complaints to his supervisors and his employer's representatives concerning potential violations of the Fair Labor Standards Act. The trial court and the Court of..., Case Law Alert - 3rd Qtr 2011
Undue Hardship: The Employer's Burden Under the ADAAA
Articles · June 14, 2011
The Legal Intelligencer, June 14, 2011
Plaintiff's claim of race discrimination was dismissed when she failed to return to work after she exhausted her twelve weeks of FMLA leave.
Law Alerts · April 1, 2011
In Sencherey, the plaintiff initially pursued remedies at the Pennsylvania Human Relations Commission, alleging that her separation from employment-which occurred as a result of the plaintiff's failure to return to work after having..., Case Law Alert - 2nd Qtr 2011
The Supreme Court holds that a third-party who was terminated after his fiancée made a complaint of discrimination is protected under Title VII's anti-retaliation provision.
Law Alerts · April 1, 2011
In Thompson, the plaintiff sought protection from Title VII's anti-retaliation provision after his employment was terminated, arguing that the employer terminated his employment because his fiancée filed a complaint of discrimination..., Case Law Alert - 2nd Qtr 2011
The Supreme Court holds that a plaintiff may sustain a "cat's paw" claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 if a supervisor's antimilitary animus act is a proximate cause of the adverse employment action.
Law Alerts · April 1, 2011
The plaintiff brought a "cat's paw" claim pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 wherein he sought to hold his former employer liable for the animus of a supervisor who did not make the ultimate decision to..., Case Law Alert - 2nd Qtr 2011
The Third Circuit holds that a public entity violated the Americans with Disabilities Act when it failed to make certain stations accessible to handicapped individuals after undertaking construction at the stations.
Law Alerts · April 1, 2011
The Third Circuit recently upheld summary judgment in favor of a nonprofit group which advocates for the civil rights of persons with disabilities. Specifically, Disabled in Action of Pennsylvania filed a complaint, alleging that a transportation..., Case Law Alert - 2nd Qtr 2011
Pennsylvania Commonwealth Court upholds Pennsylvania Human Relations Commission's dismissal of race discrimination claim, holding that Commission correctly found that complainant's evidence did not support inference of race discrimination.
Law Alerts · April 1, 2011
In Garner, the complainant alleged that he was terminated by his former employer because of his race, alleging that similarly-situated employees of a different race were not terminated for a violation of the company's policy when he was..., Case Law Alert - 2nd Qtr 2011
The Pennsylvania Supreme Court holds that a third-party agency employer is not entitled to the domestic services exemption of the Pennsylvania Minimum Wage Act and, therefore, must pay its home health aides overtime.
Law Alerts · January 1, 2011
The Pennsylvania Supreme Court was required to determine whether a third-party agency employer qualifies for the domestic services exemption and, therefore, was exempt from paying its home health aides overtime. Domestic service is defined as "work..., Case Law Alert - 1st Qtr 2011
Discrimination against an individual for a child's interracial relationship may support a claim of race discrimination under Title VII.
Law Alerts · January 1, 2011
The plaintiff alleged that his employment as a maintenance technician (and his lease in the apartment he rented from his employer) was terminated because his employer objected to the presence of his African American son together with the son's..., Case Law Alert - 1st Qtr 2011
Plaintiff failed to demonstrate that her migraine headaches, caused by her attempts to comply with her employer's hair grooming policy, precluded her from performing a broad class of jobs to support a claim under the Americans with Disabilities Act.
Law Alerts · January 1, 2011
The plaintiff alleged that her former employer discriminated against her and forced her to resign her position as a correctional officer, in violation of the Americans with Disabilities Act, by refusing to accommodate her inability to comply with..., Case Law Alert - 1st Qtr 2011
The Third Circuit holds that the plaintiff failed to establish a retaliation claim when his employment was terminated one month following the dismissal of his prior discrimination lawsuit.
Law Alerts · January 1, 2011
The plaintiff argued that his employment was terminated in retaliation for filing a prior administrative complaint and federal lawsuit against his employer, which alleged age discrimination. Specifically, the plaintiff filed his charge of..., Case Law Alert - 1st Qtr 2011
The Third Circuit holds that a shareholder-director of a law firm is an employer at the law firm and was, therefore, precluded from bringing a Title VII claim as a matter of law.
Law Alerts · October 1, 2010
The plaintiff filed an employment discrimination lawsuit, alleging that she was paid less than her male counterparts, in violation of Title VII, the Equal Pay Act and the Pennsylvania Human Relations Act. The plaintiff worked at a law firm for over..., Case Law Alert - 4th Qtr 2010
Plaintiff was judicially estopped from seeking compensatory damages pursuant to title vii when she failed to disclose her discrimination claim in a contemporaneous bankruptcy proceeding.
Law Alerts · October 1, 2010
The plaintiff alleged that her former employer unlawfully terminated her employment because of her pregnancy, in violation of Title VII and the Pennsylvania Human Relations Act. Prior to filing her lawsuit in federal court, the plaintiff had filed a..., Case Law Alert - 4th Qtr 2010
Plaintiff failed to demonstrate that she suffered an adverse employment action when an employer never filled the position for which she applied.
Law Alerts · October 1, 2010
The plaintiff alleged that her employer discriminated against her and retaliated against her, in violation of the Americans with Disabilities Act ("ADA") and the Family and Medical Leave Act ("FMLA"), when she was not permitted to interview for a..., Case Law Alert - 4th Qtr 2010
Plaintiff failed to exhaust her administrative remedies pursuant to the Pennsylvania Human Relations Act when she filed an employment discrimination lawsuit less than one year after filing her administrative complaint.
Law Alerts · October 1, 2010
The plaintiff filed an administrative complaint with the Pennsylvania Human Relations Commission ("PHRC") on May 13, 2008, alleging age and gender discrimination. After requesting a right-to-sue letter from the Equal Employment Opportunity..., Case Law Alert - 4th Qtr 2010
The Third Circuit holds that a prison demonstrated that a deviation from its "no-headgear" policy to permit the wearing of khimars would create an undue hardship of ensuring the safety of its prisoners, staff and visitors.
Law Alerts · October 1, 2010
The Equal Employment Opportunity Commission filed a lawsuit, alleging that a private prison operator violated Title VII and engaged in religious discrimination when it failed to accommodate a class of Muslim women employees in not allowing the..., Case Law Alert - 4th Qtr 2010
The Supreme Court holds that the National Labor Relations Board's delegation clause requires a delegated group to maintain a membership of three.
Law Alerts · July 1, 2010
In New Process Steel, the Supreme Court determined that the National Labor Relations Board ("NLRB") did not have the authority to issue orders when the Board was comprised of only two members between January 2, 2008, through March 27, 2010..., Case Law Alert - 3rd Qtr 2010
The Supreme Court holds that the enforceability of a delegation provision in an arbitration agreement was for an arbitrator-not a court-because the employee attempted to challenge the validity of the contract as a whole.
Law Alerts
In Jackson, an employee filed an employment discrimination lawsuit against his former employer in federal court. His former employer, however, filed a motion to dismiss his complaint and to compel arbitration based upon an arbitration agreement that...
The Third Circuit determines that side effects from medical treatment may constitute an impairment under the Americans with Disabilities Act in certain circumstances.
Law Alerts · July 1, 2010
The plaintiff filed a claim under the Americans with Disabilities Act ("ADA") following his termination from employment, arguing that the side effects of medications he was taking to treat his obesity and sleep apnea were "impairments" under the ADA..., Case Law Alert - 3rd Qtr 2010
The Third Circuit holds that unsolicited internal complaints are not protected activities under the anti-retaliation provision of the Employee Retirement Income Security Act of 1974 ("ERISA").
Law Alerts · July 1, 2010
In Edwards, the plaintiff alleged that she was terminated from her position as director of human resources after she "objected to and/or complained" to management about alleged ERISA violations. The district court granted the defendants..., Case Law Alert - 3rd Qtr 2010
The Third Circuit holds that the Americans with Disabilities Act contemplated that employers may need to make reasonable shift changes in order to accommodate a disabled employee's disability-related difficulties in getting to work.
Law Alerts · July 1, 2010
In Colwell, the plaintiff brought suit against her former employer, alleging that she was constructively discharged in violation of the Americans with Disabilities Act ("ADA") after her store manager failed to allow her to work exclusively during..., Case Law Alert - 3rd Qtr 2010
The Supreme Court holds that a city's search of a police employee's text messages on a government-issued pager was reasonable and, therefore, did not violate the Fourth Amendment.
Law Alerts · July 1, 2010
The Supreme Court was tasked with determining whether a government employer's search of an employee's text messages was reasonable or in violation of the Fourth Amendment. There, the police department issued pagers to members of the department's..., Case Law Alert - 3rd Qtr 2010
The Supreme Court holds that a disparate impact class may challenge an employer's application of a practice, despite the fact that the class plaintiff failed to timely challenge the initial adoption of the practice.
Law Alerts · July 1, 2010
In Lewis, the City of Chicago administered a written examination in 1995 to applicants seeking firefighter positions. Following the examination, the city announced that it would randomly select candidates that it deemed "well qualified,"..., Case Law Alert - 3rd Qtr 2010
Pharmaceutical sales representative is exempt from overtime under the Fair Labor Standards Act pursuant to the administrative employee exemption.
Law Alerts · April 1, 2010
The plaintiff filed a lawsuit seeking to certify a collective action pursuant to the Fair Labor Standards Act as a result of her employer's failure to compensate pharmaceutical sales representatives for overtime worked. The lower court dismissed..., Case Law Alert - 2nd Qtr 2010
The Third Circuit holds that an employee can establish that they suffered from a serious health condition through a combination of expert medical and lay testimony.
Law Alerts · April 1, 2010
The Third Circuit Court of Appeals held-in a matter of first impression-that a plaintiff can establish that they were incapacitated for three consecutive days and, therefore, suffered from a "serious health condition" pursuant to the Family and..., Case Law Alert - 2nd Qtr 2010
Court dismisses plaintiff's Americans with Disabilities Act claim, holding that his sleep apnea failed to qualify as an impairment under the Act.
Law Alerts · April 1, 2010
In Keyes, the plaintiff filed a lawsuit against his former employer, alleging that they terminated his employment in violation of the Americans with Disabilities Act. Specifically, the plaintiff alleged that he was provided with a verbal warning and..., Case Law Alert - 2nd Qtr 2010
Supervisor's six derogatory comments over a six-year time frame was insufficient to support plaintiff's Title VII claim of a hostile work environment.
Law Alerts · April 1, 2010
In Sanchez, the plaintiff alleged that his supervisor made six derogatory comments about his national origin over a six-year time frame and filed suit for, among other claims, violation of Title VII in the creation of a hostile work environment. In..., Case Law Alert - 2nd Qtr 2010
Plaintiff's motion to exclude introduction of her email exchanges involving sexual content in a sexual harassment matter denied because the emails were probative on issue of whether plaintiff was subjectively offended by alleged harasser's comments.
Law Alerts · January 1, 2010
In Seybert, the plaintiff sought to exclude the introduction of a number of her email exchanges, which involved sexual content, pursuant to Federal Rule of Evidence 412. After an in camera review, the court denied the plaintiff's motion, holding..., Case Law Alert - 1st Qtr 2010
Court holds that the resigning teacher's execution of a general release barred her subsequent employment discrimination claims.
Law Alerts · January 1, 2010
In Gregory, a teacher filed a race discrimination lawsuit against her former employer, co-workers, union officials, and the parent of one of her students after her resignation. At the time of the plaintiff's resignation, she executed a release..., Case Law Alert - 1st Qtr 2010
The Third Circuit determines that the McDonnell Douglas test should be utilized in the analysis of an age discrimination case despite the Supreme Court's holding in Gross v. FBL Financial Services, Inc.
Law Alerts · January 1, 2010
In Smith, the Third Circuit Court of Appeals determined that the but-for causation standard required by the United States Supreme Court in Gross v. FBL Financial Services, Inc. for age discrimination cases does not conflict with the continued use of..., Case Law Alert - 1st Qtr 2010
Court conditionally certified a class of persons employed as assistant managers who were classified as "exempt" pursuant to the fair labor standards act.
Law Alerts · January 1, 2010
In Craig, the court conditionally certified a collective class under the Fair Labor Standards Act to provide notice to any assistant manager who was classified as an "exempt employee" in any one of the defendant's 4,901 stores. There,..., Case Law Alert - 1st Qtr 2010
The Third Circuit holds that an employee must produce evidence that age was the determinative "but for" factor in the employment decision rather than a secondary consideration.
Law Alerts · January 1, 2010
In Kelly, the Third Circuit Court of Appeals upheld summary judgment in favor of the employer law firm in a former attorney's age discrimination lawsuit. There, the attorney alleged that his employment was terminated because he was "older..., Case Law Alert - 1st Qtr 2010