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JACKSONVILLE, Fla. – Attorneys for the Jacksonville Jaguars have filed a court motion to dismiss a complaint made by Josh Lambo, the team’s former kicker, claiming a “failure to state a cause of action or exhaust administrative remedies.”
Lambo sued the team in May, seeking his full salary for the last season and damages for emotional distress, following accusations he made of being kicked by former coach Urban Meyer.
His lawsuit claimed that Meyer and the Jaguars created a hostile work environment, and that he was released from his job with the team for speaking up about Meyer kicking and degrading him.
In the court motion, attorneys write about the allegations made by Lambo, and that he claimed the Jaguars violated the Florida Whistleblower Act (FWA) by terminating him for objecting to and reporting Meyer’s “physical battery and assault.”
Attorneys say Meyer is not a whistleblower or victim of retaliation. The motion states that Meyer admitted in his complaint that the Jaguars separated his employment due to an unsatisfactory performance on the field and that Meyer acknowledged his performance “dramatically declined” in the 2021 season.
The motion reads:
“Notwithstanding these admissions and undisputed decline in his performance, Plaintiff has filed this lawsuit refuting Club’s termination for his obvious and extreme decline in on-field performance and its comfort with an alterative kicker, and suing Club based on false claims of retaliation under the Florida Whistleblower Act. In addition to its lack of factual merit, Plaintiff’s claim fails as a matter of law because the conduct he complains of is not protected actively under the FWA.”
The motion’s conclusion states that the allegations Lambo made of being battered by Meyer in violation of law can’t form the basis of a claim against the Jaguars.
“The FWA protects employees who object to or report violations of law, rule or regulation, applicable to the employer and pertaining to its business,” the motion reads.
Attorneys state that Lambo cannot allege that he reported a violation of a law, rule or regulation applicable to the Jaguars’ business and that he can’t show he objected to illegal conduct of the Jaguars, and attorneys state the complaint should be dismissed with prejudice.
Finally, the conclusion states Lambo failed to exhaust his administrative remedy prior to bringing the suit and that the claim should be barred.
Lambo accused Meyer of kicking him during a preseason game last season. That accusation to the Tampa Bay Times came just hours before owner Shad Khan fired Meyer in the early morning hours of Dec. 16.
Lambo was released by the team on Oct. 19 after struggling in the past season. He departed as the most accurate kicker in franchise history.
He missed 12 games with a hip injury in 2020 and wasn’t the same kicker last year. Lambo missed all three of his field goal attempts in 2021, two of those at TIAA Bank Field where he was previously automatic, as well as a couple PATs.
