Michael A. Gamboli

Partner

Michael provides counsel to businesses on all aspects of employment law, partnering with business clients to strategically address employment issues in order to minimize legal risk and the impact on the company’s operations. Michael works closely with human resource professionals, in-house counsel, and executives on a daily basis to address potential discrimination, wage and hour, employee discipline, and termination issues. Michael also provides guidance to businesses under investigation or being audited by state or federal regulatory agencies such as the EEOC or DOL, and he has extensive experience negotiating and drafting employment contracts, noncompetition agreements, handbooks, voluntary separation programs, and separation agreements.

In addition to providing guidance and advice on compliance issues, Michael has over 25 years’ experience defending businesses in state and federal courts (in multiple jurisdictions) and administrative agencies (such as EEOC, RICHR, MCAD) on both individual and class action employment claims, such as claims of discrimination, sexual harassment, whistleblower retaliation, misclassification and wage and hour violations. He has also defended and prosecuted numerous lawsuits concerning the enforcement of noncompetition, nonsolicitation and nondisclosure of trade secrets agreements.

Practice Areas

Corporate & Business

Employment & Labor

Litigation & Disputes

Nonprofit & Tax-Exempt

Education

Boston University School of Law, J.D., magna cum laude

Bucknell University, B.S.

Bar Memberships

Rhode Island

Massachusetts

Professional Affiliations

Employment Law Alliance (ELA)
- Member
Rhode Island Bar Association
Massachusetts Bar Association
American Bar Association

Boards

Northern Rhode Island Chamber of Commerce
- Board, Executive Committee Member and Legal Counsel
National Kidney Foundation
- Past Regional Advisor Board Member and Chair
Special Olympics Rhode Island
- Past Board Member
Rhode Island Community Food Bank
- Past Board Member

Representative Cases

Won a precedent setting R.I. Supreme Court case for national jewelry and fine goods corporation establishing that employee manuals including discretionary amendment provisions do not create contractual rights.
Obtained federal court summary judgment for worldwide crystal manufacturer against retailer on antitrust, breach of contract and fraud claims.
Won federal court trial for state’s dominant workers’ compensation insurance carrier against national competitor on claims of trademark infringement, establishing new precedent on issue of harm in intellectual property infringement actions.
Won R.I. Supreme Court decision dismissing disability discrimination claims against national retail chain by former employee.

Honors

Benchmark Litigation, 2021 Labor & Employment Star
Best Lawyers in America Lawyer of the Year – Rhode Island Employment Litigation (2018), Management (2015)
Best Lawyers in America – Rhode Island Employment Law, Management (2010 through 2022).
Chambers USA – Band 1 Labor & Employment Law (2009 through 2021)
Rhode Island Super Lawyers – Employment Law, Employment Litigation, Business Litigation (2009 through 2021)
AV® Preeminent Rated from Martindale-Hubbell