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

Timothy J. O’Brien

Timothy J. O’Brien has over 25 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 the many issues confronting businesses and individuals in today’s litigious society including employment, information security and collegiate sports law issues. Mr.… Read more »

Tyler J. Smith

Tyler J. Smith

Tyler J. Smith joined Libby O’Brien Kingsley & Champion as an associate in 2012. His practice includes a wide array of civil litigation and criminal defense matters—ranging from drunk driving defense to employment discrimination to defamation. Tyler is also an experienced appellate advocate. He has handled over 20 appeals, and has argued before the Maine Supreme Judicial Court… Read more »