Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Adams v. College

August 31, 2009

MICHAEL E. ADAMS, PLAINTIFF
v.
LAFAYETTE COLLEGE, DEFENDANT



The opinion of the court was delivered by: Stengel, J.

MEMORANDUM

This is an employment discrimination case. On June 10, 2009, the plaintiff, Michael Adams, initiated a suit in the Court of Common Pleas for Northampton County, Pennsylvania, against his employer, Lafayette College (Lafayette). Lafayette moved to remove the action to this court on July 6, 2009, and filed the pending motion to dismiss on July 13, 2009. Upon careful consideration of the complaint and the motion to dismiss, I will grant the motion in full.

I. Background*fn1

Michael Adams has been employed by Lafayette since 1991 as a mechanical tradesman. (Compl. ¶ 3.) He has maintained satisfactory performance reviews and has not been reprimanded over any serious issues. (Id. ¶ 7.) He is qualified for his position and continues to work at Lafayette. (Id. ¶¶ 5--6.) He was fifty-one years old during the relevant time period. (Id. ¶ 26.)

On January 8, 2007, Adams used Lafayette's radio to make a request to use his vacation time to leave work for that afternoon. (Id. ¶ 8.) Donald Brinker, Adams' supervisor, later reprimanded him for requesting the time off. (Id. ¶ 9.) During the course of this conversation, Adams turned his back to Brinker. (Id. ¶ 9.)

The next day (January 9, 2007), George Xiques, Assistant Director of Engineering and Planning and Plant Operations for Lafayette, informed Adams he would be suspended for one day for insubordination because he turned his back to Brinker. (Id. ¶¶ 10--11.) Xiques told Adams that Brinker had written a letter describing the details of the one-day suspension as well as Adams' other shortcomings. (Id. ¶ 12.) This letter was to be added to Adams' employment file with Lafayette. (Id.) Xiques also said Lafayette was "building a file" on Adams. (Id. ¶ 15.)

Adams believes that any discussion of his shortcomings was unsubstantiated and without merit. (Id. ¶ 13.) When Adams asked Brinker about the letter, Brinker responded, "[T]his is not an investigation. It is a reprimand." (Id. ¶ 14.)

The latter parts of the complaint primarily consists of the following allegations based solely on Adams' belief and averment:

* Lafayette does not have a "proscribed disciplinary policy [sic]" for its employees;

* Lafayette "disciplines each employee differently for similar infractions";

* Lafayette "will discipline some employees for an infraction and not discipline other employees for the same infraction";

* Lafayette "created a discipline letter falsely in order to create grounds for [Adams'] eventual termination";

* Adams is "older than most of his co-workers and has waited longer to receive promotions . . . than younger workers";

* Lafayette "discriminated against him on several other occasions by giving him penalties and suspensions for minor infractions that [Lafayette] ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.