Michael W. Macomber
Practice Areas
  • Employment Law
  • Federal Employment Law
  • Whistleblower Representation
  • Litigation
  • Military Law
Practice Locations
  • Albany, NY

In addition to being a Partner at Tully Rinckey PLLC, Michael is the Section Chair of the firm’s New York State Employment Group. He 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. Whether handling contract disputes, business agreements, corporate formation, employment agreements, small claims, collections, landlord tenant disputes or criminal law, Michael is always the strongest advocate for his client’s best interests.

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.

Michael gets frequent requests from local and regional media outlets to respond to relevant legal issues. He has written on emerging legal issues, including an article on USERRA reported on the Reserve Officers Association’s Web site. Michael was featured in the Times Union “My Other Life” column, focusing on the volunteer work he and his wife, Deanndra, do at a local rescue agency, “Help Orphan Puppies.”

Representative Matters

  • 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

  • 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, 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

  • Super Lawyers Rising Star 2013-2017

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