Michael R. Miller

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Michael R. Miller: Attorney with Margolis Edelstein

Biography

Michael Miller represents a variety of clients in Labor and Employment Law, Civil Rights Liability, Municipal Law, Education Law, and General Liability matters.

Michael has litigated on behalf of both employers and employees in numerous areas of Labor and Employment law, including public and private sector labor relations; gender, racial, disability, age, and sexual orientation harassment, and discrimination; workplace violence; employee drug abuse policies; employment contracts; wage payment; Family Medical Leave Act; WARN; and employee benefit issues. He has substantial experience defending public and private entities in sexual assault, abuse, and molestation matters.

Michael has also handled federal privacy law, consumer credit cases, fair credit reporting and equal credit opportunity matters. He has given expert lectures on the enforceability of employment contracts and employee handbooks under Pennsylvania law. Part of his practice also involves employer counseling, advising how to spot and remedy potential workplace issues before such become the subject of litigation.

Dealing with government employees brings about special considerations, such as notice and due process rights, collective bargaining limitations, and rights to free speech when comments are made to the public about sensitive governmental issues. Before joining Margolis Edelstein, Michael clerked with the Public Employment Relations Commission, an administrative agency that governs public sector employment in New Jersey, gaining hands-on knowledge and experience with such issues. Since then, he has developed extensive experience litigating First Amendment retaliation, political patronage discrimination, due process, and similar claims where employees have invoked their Constitutional rights.

Michael’s civil rights experience extends beyond the public employment context. The right to be free from bodily harm or injury is a Constitutional right, and liability can arise when a child is injured by another peer or adult. Michael has defended public schools and foster care entities ensnarled in such claims. He has also litigated matters involving the Individuals with Disabilities in Education Act and Rehabilitation Act that are significant considerations in Education Law.

Michael has further represented township supervisors and county commissioners when sued in federal and Pennsylvania state court. Solicitors and municipality managers have relied on his advice when dealing with disgruntled public employees threatening a lawsuit. Michael understands that civil rights cases present underlying issues, which impact the municipality’s relationship with local taxpayers and is sensitive to such concerns.

Honors

•Selected for Inclusion in Best Lawyers: Ones to Watch in America
•Selected for Inclusion in Pennsylvania Super Lawyers Rising Stars
•ABA-BNA Award Winner for Excellence in the Study of Labor and Employment Law

Articles & Publications

Hands-Free Law Goes Into Effect in Pennsylvania on June 5, 2025

New Jersey Supreme Court Affirms Commissions Are Wages Under the Wage Payment Law

New Jersey’s New Employment Transparency Law: What Employers Need to Know

Pennsylvania Superior Court Affirms Stacked UIM Coverage for Corporate Owner as a Class One Insured Under Commercial Auto Policy

Chronic Illnesses May Not Always Be FMLA-Protected in the Third Circuit

Important Changes to PA Dangerous Dog Law - Criminal & Civil Liability

Is Wearing A Mask Protected Activity?

Updated Guidance - Emergency Leave & Amendment to PA Unemployment Compensation Law in Response to COVID-19

Families First Coronavirus Response Act

Best Practices for Employers Handling Coronavirus in the Workplace

Practice Notes: Attacking Pretext with An Aggressive Defense

Enemy of the People: Pleading the First Amendment Retaliation Claim

Covenants Not to Compete

Speaking Engagements

•“Investigations and Documentation - from Accusation to Adjudication” ExecuSummit, April 2025 (Naples, FL).
•“How to Evaluate and Assess Employment Claims” Panel Counsel Seminar, September 2019

News & Case Results

Defamation Case Dismissed with Prejudice in Delaware County, PA

10 Attorneys Rated by Best Lawyers for 2025

Motion to Dismiss Granted with Prejudice in EPL Lawsuit

Motion to Dismiss Granted in Labor & Employment Case

Summary Judgment Motion Granted, Professional Liability Matter in Philadelphia

Congratulations to the Margolis Edelstein 2021 Super Lawyers and Rising Stars!

Margolis Edelstein Partners Present at Erie Insurance Panel Counsel Seminar

Partners Christopher Tinari and Michael Miller Win on Summary Judgment in an Age Discrimination Lawsuit filed in Lehigh County, Pennsylvania

Christopher Tinari and Michael Miller Prevail in ERISA Lawsuit in the United States Court for the Eastern District of Pennsylvania

Summary Judgment Granted on Political Discrimination Lawsuit in Federal Court - Partner Christopher A. Tinari and Associate Michael R. Miller Prevail on Summary Judgment in Contentious Political Appointment Case

Summary Judgment Granted in Constitutional Due Process Lawsuit in Federal Court - Partner Christopher A. Tinari and Associate Michael R. Miller Prevail on Motion to Dismiss Dispute over Operations at a Local Airport

Judgment Granted in At-Will Employment Case in State Court - Montgomery Court of Common Pleas - Partner Christopher A. Tinari and Associate Michael R. Miller Prevail on Preliminary Objections to Complaint Alleging Oral Alteration of At-will Employment Relationship

Defense Verdict at Arbitration of Fair Labor Standards Act Lawsuit in Federal Court - Partner Christopher Tinari and Associates Emily Mahler and Michael Miller Prevail at Arbitration Hearing

See more ›

Areas of Practice (9)

  • Bankruptcy
  • Class Actions
  • Commercial Law
  • Family Law
  • General Liability
  • Insurance Consulting
  • Labor & Employment
  • Professional Liability
  • Public Entity & Civil Rights

Education & Credentials

University Attended:
King's College, B.A., summa cum laude, 2006
Law School Attended:
Villanova School of Law, J.D., 2009
Year of First Admission:
2009
Admission:
Supreme Court of Pennsylvania; Supreme Court of New Jersey; U.S. District Court, State of New Jersey.; U.S. District Court for the Eastern District of Pennsylvania; U.S. District Court for the Middle District of Pennsylvania
Memberships:

Professional Affiliations

•Pennsylvania Defense Institute
•American Bar Association
•Philadelphia County Bar Association

Birth Information:
Wilkes-Barre, Pennsylvania, 1983
Reported Cases:
Representative Matters: New Jersey EPL Matter - Case was dismissed with prejudice, and plaintiff's cross-motion to amend the complaint was denied in an employment practices liability matter in Mercer County, New Jersey. Plaintiff demanded $295,000 after alleging wrongful termination and violation of the New Jersey Conscientious Employee Protection Act.; T.W. v. Tabor Community Partners (Philadelphia County, PA) - The case was filed by Kline & Specter and alleged our client, a community service provider, was negligent in its placement of a minor which caused the minor to be sexually assaulted and trafficked. After initial discovery and exchange of voluminous records, Plaintiff's counsel filed a Motion to Discontinue the Action, admitting that discovery did not support a viable claim against our client.; Horveath v. Lutheran Home Care - Obtained summary judgment on an age discrimination lawsuit filed in the Lehigh County Court of Common Pleas after proving that the plaintiff failed to prove a prima facie case and, in addition, the court ruled that there was no evidence of pretext and that the defendant proffered a legitimate non-discriminatory reason for the termination of a billing specialist employee.; Doe v. Woods Services, Inc., et al. (U.S.D.C., Eastern District) - Plaintiff was an adult who alleged that, as a minor, he was groomed and sexually abused by male staff members at a camp owned and operated by a local private school. Case dismissed after successful argument that the claims were outside of the Pennsylvania statute of limitations.; Rosanna Grdinich v. Philadelphia Housing Authority - Obtained summary judgment as to all Counts regarding alleged claims of sex discrimination, race discrimination, hostile work environment, and retaliation on case filed in the U.S. District Court for the Eastern District of Pennsylvania, after successfully persuading the Court that Plaintiff's claims either failed for administrative exhaustion purposes or failed on the merits.; Young v. Butler Township, et al - Obtained summary judgment on political discrimination/First Amendment Retaliation case filed in U.S. District Court for the Middle District of Pennsylvania after proving there was no evidence of discriminatory motive or pretext in discharging Township Supervisor form employment.; Chester County Aviation Holdings v. Chester County Aviation Authority - Obtained summary judgment on substantive and procedural due process claims filed in U.S. District Court for the Eastern District of Pennsylvania after showing there was no recognized right in the Constitution for the United States of America for refusing to assign a commercial release to operate a regional airport.; Gerity v. Proscape Technologies - Preliminary objections sustained within the Montgomery County Court of Common Pleas in Pennsylvania by successfully arguing that the plaintiff-employee had failed to assert evidence of additional consideration necessary to rebut the at-will employment presumption.; Sutton v. City of Philadelphia - Obtained summary judgment within the U.S. District Court for the Eastern District of Pennsylvania by successfully arguing that client was not vicariously liable for an alleged employee's actions in reporting a threat of gun violence to the City of Philadelphia.; Hotel Sex Trafficking Lawsuit (Philadelphia County, PA) - Successful defense of a hotel operator accused of allowing sex trafficking of minors on-site at various motels in Philadelphia. Multiple motels, including big chains like Days Inn, Inc., were defendants in the suit. We negotiated a settlement amount significantly less than a $24 million amount awarded against a large chain hotel in pretrial arbitration.
ISLN:
157007110

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www.margolisedelstein.com

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