Michael R. Miller

Michael R. Miller

Partner
Office:Philadelphia, PA
Phone:(215) 931-5808
Cell:(570) 262-1307
Email:mmiller@margolisedelstein.com
vCard:Download

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 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.

Education:

  • Villanova School of Law (J.D.)
  • King's College (B.A., summa cum laude)

Honors:

  • ABA-BNA Award Winner for Excellence in the Study of Labor and Employment Law
  • Selected for Inclusion in Pennsylvania Super Lawyers Rising Stars

Court Admissions:

  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court, State of New Jersey.

Professional Affiliations:

  • American Bar Association
  • Philadelphia County Bar Association

Articles and Publications:

Representative Matters:

  • 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.
  • 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.