Photo of Melvin J. Muskovitz

Melvin J. Muskovitz Senior Counsel

Areas of Practice

Bar Admissions

  • Michigan, 1971

Court Admissions

  • U.S. District Court, Eastern District of Michigan, 1971
  • U.S. District Court, Western District of Michigan, 1994

Education

University of Michigan, J.D.

University of Michigan, B.A.

Melvin Muskovitz, a member of Dykema’ s Labor and Employment Practice Group, represents employers in federal and state courts, and before administrative agencies. He also devotes a significant portion of his time counseling and assisting employers with respect to issues arising under state and federal employment laws, assisting in drafting employment policies, preparing and enforcing confidentiality, non-solicitation and non-competition provisions, and negotiating employment and severance agreements, including with highly placed corporate executives.

Prior to entering private practice, Mr. Muskovitz investigated and litigated unfair labor practice cases with the National Labor Relations Board and served as in-house employment and labor counsel for the City of Ann Arbor. While in private practice, Mr. Muskovitz has served as outside general counsel for a nationwide fast-food company for over a dozen years, handling all employment and labor matters throughout the United States, and has represented countless employers in a myriad of employment and labor law issues. As a result of this diverse background, Mr. Muskovitz provides a unique counseling perspective, combining his investigative and trial skills with hands-on industry experience, allowing him to find creative and practical solutions to personnel disputes and complex legal issues without disrupting an employer's operations.

Mr. Muskovitz has been named in The Best Lawyers in America 2009 to present in the practice area of Labor and Employment Law and  named a "Lawyer of the Year" in Ann Arbor for Litigation - Labor and Employment by Best Lawyers for 2015, 2017 and 2019.

Experience

  • Represented employers in state and federal courts and before administrative agencies with respect to claims arising out of Title VII of the Civil Rights Act (race, sex, national origin, religion), the Americans With Disabilities Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the National Labor Relations Act.
  • Obtained pre-trial dismissal of claims by former employee alleging Fraudulent Misrepresentation, Breach of Contract, Oppression of Minority Shareholders, Breach of Fiduciary Duty, Breach of Promissory note, Usurpation of Corporate Opportunity & Conversion of Corporate Assets and Wrongful Discharge.
  • Obtained summary dismissal in an arbitration proceeding involving claims by company vice president for breach of contract and wrongful discharge.
  • Obtained injunctive relief in state court prohibiting high level management employee from working for a direct competitor.
  • Successfully defended employer against claim that its newly hired employee was violating a non-competition covenant with his former employer.
  • Successfully defended employers in arbitration hearings involving claims of wrongful discharge and challenges to the employers' management decisions.
  • Developed practical accommodations to allow employees with disabilities to continue to work, avoiding claims of violation of the ADA.
  • Counseled employers regarding discipline and termination of employees without subsequent employee challenge.
  • Staff Discipline and Termination – Best Practices, Michigan Library Association Annual Meeting
    April 4, 2019
  • Whistleblower Issues – Internal Investigations and Insight to a Practical Approach in Addressing Employee Related Issues, Original Equipment Suppliers Association
    October 25, 2018
  • Building Your Team – Filling the Void, Panelist, New Enterprise Forum
    June 21, 2018
  • Termination of Employment: Best Practices, Michigan Municipal Executives
    June 15, 2018
  • Ensuring a Healthy Work Environment: Employer Reaction to Claims of Harassment – Time to Update the Game Plan; Strategies to Address Workplace Violence; Dealing with Employees with Opioid and other Addictions, Kapnick Insurance Group Symposium
    June 13, 2018
  • Employment Law Issues From Pre-Hire to Post-Termination – Looking Forward to 2018, Michigan Association of Recreation Vehicles and Campgrounds
    December 7, 2017
  • Supervisor & Manager Training – Avoiding Claims of Discrimination, Harassment, Retaliation and Wrongful Discharge, Accommodating an Employee’s Religious Beliefs; Accommodating Employees with a Disability, Eltek, Inc.
    September 20, 2017
  • Leave of Absences: Balancing Employee Rights and an Employer's Business Needs, Kapnick Insurance Group Human Capital Symposium
    June 13, 2017
  • Keeping Abreast of New Employment Law Regulations and Agency Initiatives (Eliminating Hiring Barriers – Background Checks; LGBT Workplace Issues; Application of the National labor Relations Act to Non-Union Employers, Kapnick Insurance Group
    June 14, 2016
  • Changes in Life Circumstances: Pregnancy, Caregiving Responsibilities and Aging Workforces, Dykema Employment Seminar
    October 16, 2014
  • BYOD (Bring Your Own Device) Your Company is Likely At Risk, Kapnick Insurance 15th Annual Legal/HR Seminar, Plymouth, Michigan
    June 11, 2014

Memberships & Involvement

  • State Bar of Michigan, Employment Law Section, Member; Public Corporation Law Section, Member
  • Washtenaw County Bar Association
  • American Bar Association, Labor and Employment Law Section, Member

Named a "Lawyer of the Year" in Ann Arbor for Litigation - Labor and Employment by Best Lawyers in America® for 2015, 2017 and 2019

Recognized in The Best Lawyers in America® 2009-2017 for Litigation and Labor & Employment Law. Copyright 2015 by Woodward/White, Inc., Aiken, SC

Named a Top Lawyer by dbusiness Magazine for Employment Law - Management, Labor Law - Management, and Labor and Employment Litigation, 2015

Jewish Community Center of Washtenaw County, Founding Member Award

Recipient of an AV® Preeminent™ Rating and 2018 Top Rated Lawyer in Labor & Employment Law by Martindale-Hubbell

Ann Arbor United Jewish Appeal, Leadership Award

President's Award, Ann Arbor Symphony Orchestra