Attorney Profile

Michelle N. Michael

Associate
Michael_Michelle

Areas of Practice

Employment Law
Public Entity & Civil Rights Litigation

Contact Info

(856) 414-6016
MNMichael@mdwcg.com

Michelle is a member of the Professional Liability Department. She focuses her practice on employment law and represents employers in the defense of matters involving allegations of discrimination based upon age, gender, race, and disability, as well as “whistle blowing” claims. Michelle also handles matters involving civil rights and discrimination claims in both federal and state courts.

In 2013, Michelle graduated summa cum laude from Rider University, earning her Bachelor of Arts Degree in Sociology, with minors in Legal Studies and Political Communications. In May 2017, she earned her juris doctor degree from Rutgers Law School.

During law school, Michelle served as the Lead Research & Writing/Communications Editor of the Rutgers Journal of Law and Religion. Michelle was also semi-finalist in the Rutgers Law School Hunter Moot Court Appellate Advocacy Competition and served as a board member of the program during her final year of law school. Additionally, Michelle competed in the Jeffrey G. Miller National Environmental Law Moot Court Competition, serving as captain of her team. Michelle also participated in the Rutgers Law School Civil Practice Clinic.

Prior to joining Marshall Dennehey, Michelle clerked for the Honorable Richard J. Geiger of the Superior Court of New Jersey, Appellate Division. Michelle also served as an intern to the Honorable Peter G. Sheridan, United States District Court Judge for the District of New Jersey, during law school.

New Jersey State University Successfully Defended in an Employment Discrimination Case

Employment Law

We obtained a “no cause” verdict in an employment discrimination case for a New Jersey state university. The plaintiff, seeking back pay, front pay, emotional distress, attorney fees, punitive damages and costs, alleged she was terminated from her position as director of the university’s performing arts center due to her age, gender and/or in retaliation for reporting internal complaints of age/gender discrimination.

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Summary Judgment Secured in a Racial and Sex-Based Discrimination Employment Case

Public Entity & Civil Rights Litigation
Appellate Advocacy & Post-Trial Practice

We obtained summary judgment in an employment litigation case involving claims of racial and sex-based discrimination. The plaintiff alleged that she experienced a hostile work environment based solely on her race. We were able to prove that there was no evidence to substantiate these claims.

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Defense obtains a published New Jersey Appellate Division decision affirming that perception of having COVID-19 does not constitute perceived disability under NJLAD.

Appellate Advocacy & Post-Trial Practice
Employment Law

The New Jersey Appellate Division affirmed the dismissal our defense team obtained in a New Jersey Law Against Discrimination (NJLAD) perceived disability claim, alleging COVID-19 to be a disability under this statute. This employment discrimination claim involved a matter of first impression in New Jersey and established that COVID-19 infection, without more, does not constitute a disability under the NJLAD.

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Whistleblower claim against State Police dismissed.

Public Entity & Civil Rights Litigation

Claims were brought against the state police organization and eight individual defendants (current and retired members of the state police). The plaintiff, a female State Trooper, alleged she was retaliated against for raising complaints about how male members of the State Police were treating other female employees and that her supervisors failed to take appropriate actions once her initial complaints were raised. She alleged she was denied promotion and transferred against her wishes in retaliation for making these complaints.

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Dismissal of perceived disability claim alleging COVID-19 is a disability under the NJLAD statute.

Public Entity & Civil Rights Litigation
Employment Law

Our defense team successfully obtained dismissal of a New Jersey Law Against Discrimination (NJLAD) perceived disability claim, alleging COVID-19 to be a disability under this statute. This employment discrimination claim involved a matter of first impression in New Jersey. A former employee filed suit asserting perceived disability discrimination under the NJLAD. The plaintiff alleged he was wrongfully terminated based upon his employer’s perception that he had COVID-19.

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Published Works

"Can a Documented COVID-19 Infection Lead to a Disability Claim Under the NJLAD?", New Jersey Law Journal, Co-Author, March 9, 2022

"NJ Supreme Court Confirms Scope and Application of the Pregnant Workers Fairness Act," New Jersey Law Journal, April 14, 2021

"Can Employers Require Employees to Get a Vaccine, Once Approved?", The Legal Intelligencer, Employment Law Supplement, October 27, 2020

"A Case Law Update on the Status of Obesity as a Disability Under the NJLAD -- Dickson v. Community Bus Lines, Inc.", New Jersey Labor & Employment Law, a publication of the New Jersey State Bar Association, December 2019 

Admissions
New Jersey
2018
U.S. District Court of New Jersey
2018
Education
Rutgers School of Law (J.D., 2017)
Rider University (B.A., summa cum laude, 2013)
Year joined
2018