Summary Judgment / Breach of Employment Contract / Wage Payment and Collection / Unlawful Termination / FLSA Retaliation

On August 30, 2019, TBH&E obtained summary judgment for a metal manufacturing employer located in Pennsylvania in a breach of employment contract and wage action brought under Maryland’s Wage Payment and Collection Law, along with its Pennsylvania, West Virginia, and North Carolina analogs. Summary Judgment was also entered on Plaintiff’s retaliation and unlawful termination claims under the Fair Labor Standards Act (“FLSA”).

TBH&E Partner Mike Hinkle represented the Defendant employer in the litigation. After removing the matter from the Circuit Court for Montgomery County to the United States District Court for the District of Maryland, Mike successfully moved for summary judgment following discovery. In it’s Memorandum Opinion, the Court concluded that the parties did not form a contract obligating the employer to pay Plaintiff for hours worked more than forty-five hours per week. Because the employer did not breach the contract for employment, Plaintiff was not entitled to additional compensation above his salary and his claims under the various state wage laws could not survive. The Court also found that Plaintiff failed to establish a prima facie case for retaliation under the FLSA because Plaintiff was unable to refute the employer’s legitimate, non-retaliatory reasons for the termination of employment.

Mike and TBH&E attorneys have extensive experience with labor and employment matters, having defended numerous employers and insurance carriers in state and federal courts and in administrative proceedings. In addition to the firm’s litigation practice, THB&E attorneys also counsel employers of all sizes in corporate and business matters.

Mike can be contacted by phone at (443) 608-5515 or by email at mjh@tbhelaw.com.

As we enter 2019 and celebrate the Firm’s 5^th Anniversary, the partners of TBH&E are proud to announce the addition of Theresa Withers-Williams and Sean D. Harding as the newest attorneys to our legal team.

Theresa joins TBH&E as Of Counsel and will focus on the Firm’s Business and Corporate practice. She has vast experience as a business and legal advisor to a diverse group of private and publicly held businesses. Theresa’s practice focuses on general corporate and business matters, commercial contracts, mergers, acquisitions (domestic and international), stock and asset sales, reorganizations, restructuring, complex joint ventures, financing transactions, venture capital investments, licensing, and franchising.

Sean joins TBH&E following his judicial clerkship with the Honorable Melanie Shaw Geter of the Maryland Court of Special Appeals. He is a graduate of the University of Maryland School of Law, with honors, and was a member of the National Trial Team. Sean’s practice will focus on insurance defense and commercial and business litigation.

We are excited to welcome Theresa and Sean to our team and look forward to their contributions in providing our clients with top-notch legal experience, service, and value.

TBH&E celebrated its 4-year anniversary on February 10, 2018! We would like to thank our clients, families, and friends for their trust and support. We look forward to continued success, growth, and service in the years to come.

 

TBH&E Partner Jason P. Beaulieu has been selected by his peers as a 2018 Super Lawyer for the State of Maryland, a distinction awarded to less than 5% of all attorneys in the State. This marks Jason’s sixth consecutive selection as a Maryland Super Lawyer. Jason is a founding partner of Timmerman, Beaulieu, Hinkle & Esworthy, LLC, with offices in Towson and Annapolis. His practice focuses on civil and business litigation, including personal injury, employment, and contract disputes.

Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research of a candidate’s professional achievement and ethics.  Selections are made on an annual, state-by-state basis.

 

TBH&E Partner Mike Hinkle has been selected as a Fellow of the Litigation Counsel of America. The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.

 

Mike is a founding partner of Timmerman, Beaulieu, Hinkle & Esworthy, LLC.  His practice focuses on complex civil and business litigation.  He can be contacted by phone at (443) 608-5515 or by email at mjh@tbhelaw.com.

As TBH&E celebrates its 3-year anniversary today, we would like to thank our clients, families, and friends for their trust and support. We look forward to continued success and growth in the years to come.