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Michael J. Lombardino

Associate
Houston

P 713-568-7865
F 713-650-0405
Michael.Lombardino@jacksonlewis.com

Biography

Michael Lombardino is an Associate in the Houston, Texas, office of Jackson Lewis P.C. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Mr. Lombardino's practice focuses primarily on litigating and resolving employment disputes as well as advising human resources professionals, general counsel, and C-Suite on a wide-range of employment and workplace issues. Mr. Lombardino helps clients navigate day-to-day personnel matters as well as with long-term strategic planning. In addition to advising clients, he represents and defends employers through all phases of litigation in state and federal courts and arbitrations, before administrative agencies, and on appeal.

By focusing on each client’s specific business needs, goals and corporate culture, Mr. Lombardino strives to develop realistic, sensible, and cost-effective strategies to achieve favorable outcomes for his clients. Mr. Lombardino believes that sound advice consists of not only helping clients solve their legal problems, but also helping clients implement those solutions in a way that makes business and practical sense.

Select Advice and Counsel Experience

  • Provides ongoing advice and counsel to human resources and management on full-range of workplace issues, ranging from: investigations, discipline, “high-risk” terminations, reductions in force, employee surveillance, drug and alcohol testing, medical testing, fitness for duty exams, reasonable accommodation, wage-and-hour compliance, OSHA compliance, workplace injuries, complex leave of absence situations (e.g., involving ADA, FMLA, TWCA), worker misclassification, co-employment concerns, employee-leasing, theft of trade-secrets, non-competition, non-solicitation and unfair competition.
  • Conducts on-site training with managers, supervisors and human resources professionals for a variety of clients to educate and promote compliance with employment laws.
  • Help clients implement policies, practices and procedures that help minimize the risk of lawsuits brought by disgruntled current or former employees.  

Recent Litigation Experience

  • As lead counsel, successfully defended American multinational chemical company in an arbitration brought by the employee’s union alleging the company did not have just-cause to terminate employee who had 23 years of service. 
  • As lead counsel, obtained dismissal with prejudice in Harris County, Texas of lawsuit brought by current employee of an American multinational automaker headquartered near Detroit, Michigan alleging defamation against his manager for giving him a poor performance review.
  • As lead counsel, obtained dismissal with prejudice of lawsuit brought by former employee against one of the nation’s largest grocery store chains. Plaintiff’s sexual harassment claim was dismissed for failure to exhaust administrative remedies and her defamation claim was preempted by the statutory remedies provided by the TCHRA.
  • As lead counsel, obtained summary judgment in favor of major insurance company in discrimination and retaliation lawsuit filed by former employee in Nueces County, Texas.
  • Second-chaired jury trial in Harris County, Texas. Represented a large hospitality and entertainment company in an age discrimination hiring claim brought by unsuccessful applicant. Jury returned a unanimous verdict for employer after a two-day jury trial.
  • Second chaired jury trial in Tarrant County, Texas. Represented multinational oil and gas exploration company in age discrimination and retaliation case brought by former solo-practitioner outside counsel claiming status as employee. Jury returned a unanimous verdict for employer on all issues (including that counsel was not employee of the company) after a four-day jury trial.
  • Second chaired jury trial in the Southern District of Texas. Represented multi-national engineering and construction company in an age discrimination case filed by former employee following the employee’s termination as part of a reduction in force. Jury returned a completes verdict for employer after a four-day jury trial.
  • As only associate working with two partners, helped defeat motion for conditional certification of FLSA nationwide putative collective action brought against an American multinational document management and outsourcing company.
  • Helped obtain summary judgment in multi-count gender discrimination and retaliatory discharge case. After case was filed, employer terminated employee for misappropriation/theft of confidential documents. Successfully defeated collateral claims related to protective order governing the documents the employee had stolen documents. 
  • Helped obtain TRO and preliminary and permanent injunction in suit by employer against former employee arising from misappropriation and theft of trade-secrets and confidential information. Court granted pre-trial motion for summary judgment in favor of client on breach of contract and common-law misappropriation claims.
  • Helped obtain favorable settlement for multinational oil and gas exploration and production company, taking the position that Sarbanes-Oxley did not apply to a former employee, a non-U.S. citizen who worked for a non-U.S. subsidiary of the client. 
  • Helped obtain favorable settlement for global energy and mining company arising from an international employment dispute involving allegations of discrimination and retaliation, as well as complex issues arising under both U.S. and UK employment laws.

Honors and Recognitions

  • Texas Board of Legal Specialization: Board Certified in Labor and Employment Law

Professional Associations and Activities

  • American Bar Association
  • Houston Bar Association
  • Houston Young Lawyers Association
  • National Institute of Trial Advocacy Training: Civil Trial Advocacy; Deposition Skills
  • State Bar of Texas

 

Pro Bono and Community Involvement

  • Toys for Tots: Volunteer
  • Young Professionals for the Houston Zoo (Flock)

Published Works

  • “The Perceived Erosion of the At-Will Employment Doctrine in Texas, and Employers Can Do to Protect Themselves,” 35 Corporate Counsel Review __ (2016) [Author]
  • “Data Security: ‘Command and Control’ Questions and 10 Lessons for Employers,” Bloomberg BNA Insights, No. 15-01 (April 23, 2015) [Co-Author]
  • Workforce Q&A on the Dodd-Frank Act, Texas Business Report, Volume 26, Issue 6 (June 2011) [Author]

Speeches and Presentations

  • “Bermuda Triangle: Managing Leaves of Absence Under the ADA, FMLA, and TWCA,” HR Houston (Houston, Texas, February 2015) [Presenter]
  • “Hot Water Handbook,” HR Houston (Houston, Texas, January 2014) [Presenter]
  • “Blowing the Whistle on the New Whistleblower Protections Created by the Dodd-Frank Act,” the People Lawyer, Consumer and Commercial Law Section of the Houston Bar Association (Houston, Texas, October 2010) [Panelist]