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 public and private sector 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.
Seminars & Speeches
- January 12, 2021
- December 16, 2020
- October 27, 2020
- COVID-19 Employment Related Issues, MichBio U WebinarJune 17, 2020
- April 23, 2020
- Staff Discipline and Termination – Best Practices, Michigan Library Association Annual MeetingApril 4, 2019
- Whistleblower Issues – Internal Investigations and Insight to a Practical Approach in Addressing Employee Related Issues, Original Equipment Suppliers AssociationOctober 25, 2018
- Building Your Team – Filling the Void, Panelist, New Enterprise ForumJune 21, 2018
- Termination of Employment: Best Practices, Michigan Municipal ExecutivesJune 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 SymposiumJune 13, 2018
- Employment Law Issues From Pre-Hire to Post-Termination – Looking Forward to 2018, Michigan Association of Recreation Vehicles and CampgroundsDecember 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 SymposiumJune 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 GroupJune 14, 2016
- Changes in Life Circumstances: Pregnancy, Caregiving Responsibilities and Aging Workforces, Dykema Employment SeminarOctober 16, 2014
- BYOD (Bring Your Own Device) Your Company is Likely At Risk, Kapnick Insurance 15th Annual Legal/HR Seminar, Plymouth, MichiganJune 11, 2014
News
- December 22, 2020
- November 5, 2020
- September 10, 2020
- June 16, 2020
- April 21, 2020
Alerts
- June 1, 2020
- May 8, 2020
- March 21, 2019
Press Releases
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2019
- 13 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2018
Blog Posts
- Bringing Employees Back to Work Post-COVID-19: What Is Michigan’s Work Share Program and Should Employers Take Advantage of It?
- A Timely Reminder: Employee Complaints About Working Conditions Are Protected
- Health Care Industry Employers Time to Redouble Efforts to Avoid Claims of Disability Discrimination (Part 1)
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
Awards & Recognition
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-Present for Employment Law - Management, Labor Law - Management, and Litigation - Labor and Employment. 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