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. 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.
•ABA-BNA Award Winner for Excellence in the Study of Labor and Employment Law
•Selected for Inclusion in Pennsylvania Super Lawyers Rising Stars
Articles and Publications
•Practice Notes: Attacking Pretext with An Aggressive Defense
•Enemy of the People: Pleading the First Amendment Retaliation Claim
•Covenants Not to Compete
•American Bar Association
•Philadelphia County Bar Association
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