FMLA and whistleblower claims against firm’s client dismissed

Libby O’Brien Kingsley & Champion successfully defended against a lawsuit for FMLA interference, FMLA retaliation, and Whistleblower retaliation in U.S. District Court for the District of Maine.  Timothy J. O’Brien and Tyler J. Smith represented an employer who discharged the Plaintiff for repeated violations of the employer’s attendance policy.  After her discharge from employment, the Plaintiff filed a lawsuit alleging interference with her rights under the Family Medical Leave Act, retaliation in violation of the Family Medical Leave Act, and retaliation in violation of the Whistleblower Protection Act.

In a fact-intensive, 35-page decision, the federal court agreed that the Plaintiff failed to generate evidence that could lead a reasonable jury to conclude that the employer acted unlawfully. Tim and Tyler methodically addressed each fact relied upon the Plaintiff, and the judge agreed that none of those facts were sufficient, individually or collectively, to support the Plaintiff’s claims.  As such, the Court granted summary judgment in favor of the client, dismissing the case.

Timothy J. O’Brien
Senior Counsel

Timothy J. O’Brien has over 30 years of litigation experience. As a former prosecutor and in the course of his work in civil litigation, he has tried numerous cases before judges and juries. His practice focuses on employment and collegiate sports law issues. Mr. O’Brien advises colleges, universities, athletic department administrators, SWA’s, coaches, student-athletes, attorneys, and… Read more »

Tyler J. Smith

Tyler J. Smith

Tyler has a diverse litigation practice including criminal defense, appellate advocacy, civil litigation, and employment law in state and federal courts. Tyler has over a decade of experience in criminal defense. He is a graduate of NHTSA’s DWI Detection and Field Sobriety Testing training course. This is the exact training that law enforcement officers receive,… Read more »