Michael W. Macomber

Top rated Employment & Labor attorney in Latham, New York

Tully Rinckey PLLC
Michael W. Macomber
Tully Rinckey PLLC

Practice areas: Employment & Labor, Employment Litigation, General Litigation; view more

Licensed in New York since: 2010

Education: Albany Law School

Selected to Super Lawyers: 2025 - 2026 Selected to Rising Stars: 2013 - 2021

Tully Rinckey PLLC

1203 Troy-Schenectady Road
Suite 101
Latham, NY 12110 Visit website
Details

Serving as section chair of the New York State Employment Group at Tully Rinckey PLLC in Latham, New York, Michael W. Macomber concentrates his practice on federal and private sector employment law, broad civil litigation and whistleblower representation. An accomplished litigator, he routinely handles disputes arising under the Uniformed Services Employment and Re-employment Rights Act, Title VII, the Americans with Disabilities Act and the Fair Labor Standards Act, among others. His deep statutory knowledge also encompasses New York labor and executive law, ensuring resolute protection of his clients' rights.

In administrative and courtroom proceedings, Mr. Macomber regularly advocates before the Merit Systems Protection Board, National Labor Relations Board, Office of Special Counsel and diverse Offices of Inspector General. Across New York state, he advises both employees and employers before the Division of Human Rights, Department of Labor and Workers' Compensation Board. He also guides clients through civil service, school district and municipal disciplinary hearings, alongside strategic counsel on severance packages, complex contract negotiations and sensitive workplace misconduct investigations.

Beyond employment matters, Mr. Macomber maintains a diverse civil litigation practice in state and federal courts throughout New York. He represents clients in business disputes, commercial agreements, corporate formation, collections, landlord-tenant matters and criminal proceedings. Recognized for his strategic courtroom acumen and meticulous case preparation, he approaches each legal challenge with dedicated advocacy. Whatever the forum, he remains a steadfast champion for his clients’ personal and business interests across the Capital Region and beyond.

Graduating from Union College with a bachelor’s degree in English literature, Mr. Macomber went on to earn a graduate certificate in foundations in business from the University of Massachusetts. He earned his juris doctorate from Albany Law School, graduating cum laude and was admitted to practice law in New York in 2010. He holds an AV Preeminent* peer-review rating through Martindale-Hubbell, highlighting his high ethical and professional standards.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

Practice areas

Employment & Labor: Employer, Employment & Labor: Employee, Employment Litigation: Plaintiff, Employment Litigation: Defense, General Litigation

Focus areas

Employment Law - Employee, Litigation, Whistleblower

  • 40% Employment & Labor: Employer
  • 20% Employment & Labor: Employee
  • 20% Employment Litigation: Plaintiff
  • 10% Employment Litigation: Defense
  • 10% General Litigation

First Admitted: 2009, Massachusetts

Professional Webpage: https://www.tullylegal.com/attorneys/michael-w-macomber/

Bar / Professional Activity

  • New York
  • Massachusetts
  • United States District Court for the Central District of Illinois 
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the Northern District of New York
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Federal Circuit
  • New York State Bar Association
  • Schenectady County Bar Association's Young Lawyer's Committee, Chair
  • Schenectady County Bar Association

Verdicts / Settlements (Case Results)

  • Mott v. Department of Veterans Affairs, U.S. Court of Appeals for the Federal Circuit (January 2018) (Court reversed-in-part the Merit Systems Protection Board ruling supporting the 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 the case back to the MSPB to review the adverse action).
  • 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).
  • 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, the court properly denied summary judgment, as working in a workplace free of pervasive or severe discrimination is a “right” or “privilege” of employment).
  • 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).
  • 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).

Educational Background

  • Union College, B.A. with a concentration in English literature and a minor in German
  • University of Massachusetts, Graduate Certificate in Foundations in Business

Scholarly Lectures / Writings

  • Military Leave Rights and Landmark Cases (CLE) (2017)
  • Law Review 1128, Reserve Officer’s Association, “Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312,” (2011)
  • Law Review 1249, Reserve Officer’s Association, “NY Court: Calculations for Military and Regular Leave Benefits Not the Same” (May 2012)

Honors

  • Super Lawyers Rising Star 2013-2017
  • Martindale-Hubbell AV Preeminent Rating
  • Super Lawyers, 2013–2021, 2025
  • Lawdragon 500 Leading Litigators in America, 2026, 2027
  • Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers, 2023, 2025, 2026

Office location for Michael W. Macomber

1203 Troy-Schenectady Road
Suite 101
Latham, NY 12110

Phone: 855-812-4973

Selections

2 Years Super Lawyers
9 Years Rising Stars
  • Super Lawyers: 2025 - 2026
  • Rising Stars: 2013 - 2021

Attorney resources for Michael W. Macomber

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