Michael W. Macomber

• 
• 
• 
• 
• 
• Michael W. Macomber

  Rated by Super Lawyers
  
  
  loading ...
• Michael W. Macomber

  Rated by Super Lawyers
  
  
  loading ...
• 

Michael Macomber, Esq. is a Partner and the CEO at Tully Rinckey PLLC, headquartered in Latham, New York.  Michael is  the former Section Chair of the firm’s New York State Employment Group and focuses his practice on federal and private sector employment law claims, including claims involving the Uniformed Services Employment and Reemployment Rights Act (USERRA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), New York Labor Law, New York Executive Law and Qui Tam claims.

In his federal employment practice, Michael has represented employees before the following:

• United States Court of Appeals for the Federal Circuit
• Merit Systems Protection Board (MSPB)
• Equal Employment Opportunity Commission (EEOC)
• National Labor Relations Board (NLRB)
• Office of Special Counsel (OSC)
• Various Offices of the Inspector General (OIG)

In his New York State employment practice, Michael represents employees and employers in both federal and state court, including claims before the following:

• New York State Division of Human Rights
• EEOC
• Department of Labor (DOL)
• Unemployment Insurance Board (UIB)
• Workers’ Compensation Board (WCB)

Michael also handles disciplinary hearings in the union, municipality, school district and civil service areas, as well as contract negotiations, severance negotiations, and advising employees and employers regarding disciplinary investigations. In addition to his practice in New York State and federal employment, Michael focuses his practice on all aspects of civil litigation and handles a range of commercial litigation, commercial evictions, attorney disciplinary representation and general civil litigation matters. Whether handling contract disputes, business agreements, corporate formation, employment agreements, non-compete agreements, arbitrations, small claims, collections, or landlord tenant disputes, Michael is always the strongest advocate for his client’s best interests.

Michael is frequently sought out for comment by national, regional, and trade media regarding employment law, labor law, military leave rights, federal employment and litigation issues. He was quoted in FedWeek regarding federal employee military leave rights following the U.S. Supreme Court’s Feliciano v. Department of Transportation (2025) decision, in addition to many other outlets including the Times Union, Albany Business Review and multiple television and radio stations on a range of legal topics.

Michael authored several chapters of the Matthew Bender/LexisNexis-published legal treatise, Merit Systems Protection Board: Practice and Procedure (2026) and its 2027 update. Michael’s chapters are aimed at helping federal employees and their representatives wade through the often-complex system regarding employment matters within the federal government, and to find ways to help them persevere against unwarranted claims of misconduct, dismissal, harassment or other matters. He also is an editor of The Federal Employee’s Legal Handbook (FEDWeek, 2026). In addition, Michael is an author of the upcoming LexisNexis USERRA treatise, set to be published in 2027. He has also written on multiple emerging legal issues, including an article on USERRA reported on the Reserve Officers Association’s website. Additionally, Michael was featured in the Times Union “My Other Life” column, focusing on the volunteer work he and his wife, Deanndra, provide for a local animal rescue agency. He also serves on the Junior Achievement Board the Saratoga SPCA Board.

Michael has received multiple recognitions for his legal work, including the “Super Lawyer Rising Star” designation from 2013-2021, of which fewer than 2.5% of attorneys in each state receive annually. He was also named a Super Lawyer in 2025 and 2026 and selected to the 2025 500 Leading Civil Rights & Plaintiff Employment Lawyers, 2025 500 Leading Litigators in America, 2026 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers and   recognized among the Best Lawyers in America every year since 2018.

Michael earned his bachelor’s degree from Union College, with a concentration in English literature and a minor in German. He has studied and lived abroad, learning German and architecture in Vienna, Austria and growing up in Switzerland as a child. After receiving his baccalaureate from Union, Michael went on to earn a graduate certificate in Foundations in Business from the University of Massachusetts. Michael earned his juris doctorate from Albany Law School, graduating cum laude.

Representative Matters

• In re Wojciechowski v. Sharon Springs Joint Fire Dist., 2018 WL 11482749 (July 24, 2018) (successfully appealed an Article 78 to overturn the decision removing petitioner as a member of the Department is annulled and the matter is remitted for a hearing pursuant to General Municipal Law § 209-1).

• Branstetter v. Department of the Interior, 2022 WL 1310825 (April 27, 2022) (successfully Petitioned for Review an Administrative Judge’s decision dismissing the appeal for lack of jurisdiction and remanding the case for a jurisdictional hearing under section 7511(a)(1)(A)).

• Smolinski v. Merit Systems Protection Board, 23 F.4th 1345 (January 19, 2022) (Merit Systems Protection Board erred in holding Petitioner failed to allege sufficient factual matter to state a plausible claim that his testimony was protected under § 2302(b)(8). Accordingly, case was reversed and remanded for the Board to consider that claim on the merits.

• Evans v. MassMutual Financial Group, 2013 WL 12234679 (September 13, 2013) (Defendants motions in limine seeking to limit plaintiff’s proof of lost income, to strike plaintiff’s claim for liquidated damages, and to preclude witness testimony regarding reemployment were denied in all regards).
• SPCA v. Mills, 18 N.Y.3d 42 (Court of Appeals 2011) (Article 78 proceeding brought to review determination of the Department of Education denying Freedom of Information Law (FOIL) requests for names and street addresses of licensed veterinary technicians located in a particular county. Department of Education was required to comply with FOIL request).

• Price v. Gizzi, 2012 WL 2120028 (NDNY June 11, 2012) (Defendant sought dismissal of Plaintiff’s pro se filed complaint for failure to state a claim, untimeliness and failure to name necessary parties. Successfully prevented the dismissal of plaintiff’s claims and Court granted leave to amend the Complaint).

• Cole v. New York State Department of Corrections, 2017 WL 1194233 (NDNY Marcy 30, 2017) (Defendant sought dismissal of Plaintiff’s complaint for failure to state a claim, untimeliness and failure to name necessary parties.  Successfully prevented the dismissal of plaintiff’s claims and Court granted leave to amend the Complaint).

• Mott v. Department of Veterans Affairs, U.S. Court of Appeals for the Federal Circuit (January 2018) (Court reversed-in-part Merit Systems Protection Board ruling supporting Agency’s decision to remove and demote a Supervisory Medical Administration Specialist for failing to properly perform duties and failure to perform duties in a timely manner, and remanded case back to MSPB to review the adverse action).
• Horneman v. Department of Veterans Affairs, Merit Systems Protection Board, No. DE-4324-15-0102-I-1 (March 2016) (Agency ordered to retroactively promote appellant going back to 2007 to compensate him for the denial of promotion based on his military service).
• Wright v. Jamestown, Index No. K1-2007-2805 (2014) (Jury verdict in plaintiff’s favor finding that City willfully denied plaintiff vacation time in violation of USERRA dating back to 2003).
• Wang v. New York State Department of Health, 2013 N.Y. Slip Op. 23143 (New York Supreme Court, Albany County, Feb. 19, 2013) (In discussing the anti-discrimination provisions of USERRA and New York State military law, Court properly denied summary judgment as working in a workplace free of pervasive or severe discrimination is a “right” or “privilege” of employment).
• Hibler v. Department of the Army, Merit Systems Protection Board, No. SF-0752-17-0656-I-1 (April 2018) (Agency ordered to cancel the removal and to retroactively restore the appellant effective August 18, 2017, as well as award appellant back pay and benefits).

Articles and Publications

• Merit Systems Protection Board: Practice and Procedure (LexisNexis, 2026): Author and/or co-author of chapters “Election of Remedies,” “Other Types of MSPB Cases,” “Pre-Hearing Submissions and Hearing Process” and “Judicial Review of MSPB Final Decisions”
• The Federal Employee’s Legal Handbook (FEDWeek, 2026)
• Military Leave Rights and Landmark Cases (CLE) (2017)
• Law Review 1249, Reserve Officer’s Association, “NY Court: Calculations for Military and Regular Leave Benefits Not the Same” (May 2012)
• Law Review 1128, Reserve Officer’s Association, “Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312,” (2011)

Court & Bar Admissions

• Massachusetts
• New York
• United States Court of Appeals for the Federal Circuit
• United States Court of Appeals for the Second Circuit
• United States District Court for the Northern District of New York, Western District of New York, Eastern District of New York, Southern District of New York and Central District of Illinois
• Naval Marine Court of Criminal Appeals

Education

• B.A., Union College, with a concentration in English literature and a minor in German
• Graduate Certificate in Foundations in Business, University of Massachusetts
• J.D., Albany Law School, cum laude

Accreditations / Awards

• 2013-2021 Super Lawyers Rising Star
• 2025 500 Leading Civil Rights & Plaintiff Employment Lawyers
• 2025 500 Leading Litigators in America

• 2025, 2026 Upstate New York Super Lawyer
• 2026 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers
• 2018-2027 Best Lawyers in America