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Peter Lamont, Esq.

Nov 14, 2018
6 min

Conquer Procrastination with Negativity

Let me warn you right off the bat - this is not going to be a post about how you should reward yourself after you complete a task. Nor am I going to tell you to stand in front of a mirror repeating "I am not a procrastinator" 100 times. Nope. If you are looking for that type of advice, you will not find it here. Instead, I am going to share with you the cold, hard facts concerning procrastination that I learned throughout the last 15 years as an attorney, and an unconventiona

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Peter Lamont, Esq.

Nov 9, 2018
3 min

Am I a Plaintiff or Defendant?

Many lawyers think that everyone knows the difference between a plaintiff and defendant. However, the truth is that it is a confusing distinction for many non-lawyers (or normal people, as I like to call them) to make. Today, I am going to simplify the difference between the two titles and clear up any confusion that might be floating around online. Plaintiff The Plaintiff is the person, persons, or business that is suing another party or parties. If you are the Plaintiff,

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Why Do Employers Need to Follow Social Media Laws?

Peter Lamont, Esq.

Jan 2, 2018
3 min

Why Do Employers Need to Follow Social Media Laws?

Unless you mistakenly believe there’s no such thing as bad publicity, your business has likely adopted, or at least considered, policies on its employees’ use of social media. After all, you’ve invested time and money building the good name of your business, so you have good reasons not to want your workers engaged in loose or harmful social media chat about it. The same probably holds true for protecting other facets of your business – customer lists, trade secrets, promotin

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Peter Lamont, Esq.

Aug 16, 2017
2 min

Endangerment or Free Range Kids?

I'm sure that you've at least heard a little about the woman who in 2014 left her child at the park while she worked. Debra Harrell, North Augusta, South Carolina, left her nine year old daughter at the park...while she went to work. Harrell worked at McDonald's about two miles away. The park had shade and access to water. The little girl had a cell phone and she knew where her mother worked. Ultimately, the police were called and Harrell was arrested. Harrell was in a very

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Can You Fire Violent Workers Even if Criminal Charges are Dropped or if You Were Wrong?

Peter Lamont, Esq.

Aug 10, 2017
2 min

Can You Fire Violent Workers Even if Criminal Charges are Dropped or if You Were Wrong?

Well, as long as you have an honest belief that the worker broke company conduct rules you can - even if you are wrong. In a 2014 case, LaShaunda McDaniel, a U.S. Postal Service custodian, was romantically involved with a co-worker. When the co-worker broke it off, LaShaunda became upset. The two argued in the parking lot and continued their argument down the road. According to the police, LaShaunda physically assaulted the co-worker and spat on his car. She then sent him

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Peter Lamont, Esq.

Jul 31, 2017
3 min

Facebook and Litigation

If you are involved in any form of litigation, Facebook can be your friend and your enemy. It can be used to find information on the other party. The bad news is that to the other person, you are the other party. Here are some Facebook tips for use during litigation. Do not add people that you do not know to Facebook. Facebook is great for meeting new people and reconnecting with old friends. Unfortunately, you need to realize that things on your Facebook page can be offered

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Searching Social Media For Job Applicant Info

Peter Lamont, Esq.

Jul 19, 2017
2 min

Searching Social Media For Job Applicant Info

The practice of searching applicants’ social media accounts for background information is drawing increasing scrutiny and in some cases can increase the risk of liability. When deciding whether to check applicants’ social media content for background-check purposes, consider these questions: 1. What information are you looking for and why? It’s unlawful to consider an applicant’s gender, race, national origin, sexual orientation, age, disability or religion when making hiring

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Dealing with Personal Debt without Filing for Bankruptcy

Peter Lamont, Esq.

Jul 18, 2017
3 min

Dealing with Personal Debt without Filing for Bankruptcy

If you find yourself in a financial crunch, filing for bankruptcy may seem like the only way to escape your situation. If some cases, that may be true, but you should consider all your options. So don’t overlook the many other steps you may be able to take short of filing a Chapter 7 or 13 bankruptcy petition, which will stay on your record for 10 years and make it much more difficult for you to obtain credit in the future. Bankruptcy alternatives include: putting your financ

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Pro Se Rules May Let You Go It Alone in Court -- But Should You?

Peter Lamont, Esq.

Jul 16, 2017
3 min

Pro Se Rules May Let You Go It Alone in Court -- But Should You?

The Latin term “pro se” means “on one’s own behalf,” and many courts have adopted pro se rules allowing individuals to represent themselves in litigation, including appearing in court without a lawyer. For civil (i.e., non-criminal) cases in federal courts, the right to act pro se is spelled out in §1654 of Title 28 of the United States Code, which allows parties to “plead and conduct their own cases personally or by counsel,” subject to court rules. State rules vary, but nea

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Ten Tips for Creating a Corporate Social Medial Policy

Peter Lamont, Esq.

Jul 14, 2017
2 min

Ten Tips for Creating a Corporate Social Medial Policy

Regardless of the size of your company, in today's social media age it is critical that you have and enforce a social media policy. Social media related lawsuits are rapidly developing. These lawsuits can arise out of employee terminations or leaked confidential information. When crafting a policy, be sure to: 1. Remind employees to familiarize themselves with the employment agreement and policies included in the employee handbook. 2. State that the policy applies to multi

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Understanding the Impact of Construction Fraud

Peter Lamont, Esq.

Jun 13, 2017
5 min

Understanding the Impact of Construction Fraud

When most people think of fraud they associate it with Ponzi scams, motor vehicle insurance fraud and other clearly identifiable criminal acts. However, in the construction industry fraud occurs throughout the country on a daily basis. The difference is many contractors are unaware that fraud is occurring because, their minds they do not believe that their actions are criminal or fraudulent but rather necessary in order to keep their company and themselves profitable. The

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General Contractor Held Not Responsible for Injuries to Subcontractor's Worker

Peter Lamont, Esq.

Nov 20, 2012
4 min

General Contractor Held Not Responsible for Injuries to Subcontractor's Worker

Everyone involved in construction, design, kitchen and bath, and related construction trades should pay attention to the New Jersey Appellate Division's recent decision in Tarabokia v. Structure Tone. This decision will have an impact on contract negotiations between a general contractor and its subcontractors as well as between subcontractors and its employees and independent contractors. A precedential appeals court ruling may provide a blueprint for general contractors to

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A new survey offers tough medicine for bosses. How can you thrive in a grass-is-always-greener world

Peter Lamont, Esq.

Oct 15, 2012
2 min

A new survey offers tough medicine for bosses. How can you thrive in a grass-is-always-greener world

The Internet has made it easier to find nearly anything, whether it's that perfect picture for your new apartment, the coolest new restaurant in town, a rare collectible or--apparently--a new job. And, according to a new CareerBuilder survey, that means companies need to face some stark realities about the behavior of today's employees and job seekers--namely, that the two groups are one and the same. The job search site polled more than 1,000 Americans to ask about their job

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