Michael E. Barnsback

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MICHAEL E. BARNSBACK is a partner in the law firm of DiMuroGinsberg.  Mr. Barnsback represents Virginia employers in all aspects of employment law including: Title VII, ADA, FMLA, FLSA, USERRA, ADEA, Equal Pay Act, EEOC and FEP investigations, OFCCP audits, Affirmative Action Plans, handbook review and drafting, employment contract review and drafting, internal investigations, and employee review, discipline and terminations.

His practice also focuses on litigating business torts such as tortious interference with contract, theft of trade secrets and confidential information, breaches of fiduciary duties by employees, officers and directors, and unfair competition. Mr. Barnsback has significant experience drafting and litigating non-compete and non-solicitation agreements.

Mr. Barnsback is an editor of the Virginia Employment Law Letter, a monthly newsletter published by M. Lee Smith Publishers, LLC.  Mr. Barnsback also lectures frequently on employment law and human resources issues.  From 1999 to 2004, Mr. Barnsback served as a Hearing Officer for the Fairfax County Civil Service Commission, presiding over employee grievance appeal hearings.

Before his association with DiMuroGinsberg, Mr. Barnsback served as a federal judicial law clerk (Pro Se Clerk) in the United States District Court for the Eastern District of Virginia.  During law school, he was a legal assistant for the Federal Judicial Center in Washington, and an adjunct Sociology professor for George Mason University.  Mr. Barnsback is a past President of the George Mason University School of Law Alumni Association.

Areas of practice:

• Employment law litigation and counseling (management)
• Business torts
• Noncompetition and non-solicitation
• Trade secrets
• Civil litigation

Admitted:

• 1991, Virginia
• United States District Court for the Eastern District of Virginia
• Fourth Circuit, United States Court of Appeals

Education:

• J.D., M.A., George Mason University School of Law
• College of William and Mary, B.A., 1983

Membership:

• Alexandria Bar Association
• Virginia State Bar
• Virginia Trial Lawyers Association
• Public Justice Foundation

Publications & seminars:

• "Essential Function: Writing ADA-Compliant Job Descriptions," an audio seminar for M. Lee Smith Publishers, October 22, 2009, October 29, 2009 and January 28, 2010.
• "Preparing for the H1N1 Flu Virus: How to Legally Protect Your Employees AND Your Business," an audio seminar for M. Lee Smith Publishers, September 22, 2009 and October 7, 2009.
• "Top 5 Employer Lawsuit Risks and Protections for 2009," an audio seminar for M. Lee Smith Publishers, July 21, 2009.
• "Define the Job: How to Avoid Legal Pitfalls When Writing Job Descriptions," an audio seminar for M. Lee Smith Publishers, February 4, 2009, August 18, 2009.
• “New Year, New Laws, New Employee Handbook? What to Change and What to Keep in 2009,” an audio seminar for M. Lee Smith Publishers, January 13, 2009.
• “Employment Records Retention, Retrieval & Destruction. The Advanced Interactive Workshop for Employers,” seminar for M. Lee Smith Publishers, December 2, 2008.
• “Americans With Disabilities Act Master Class,” seminar for M. Lee Smith Publishers, September 20, 2007.
• “Document Retention and Destruction: To Shred or Not to Shred?” seminar, Fall 2006.
• “Fundamental Issues in Virginia Human Resources Law,” seminar, National Business Institute, April 2, 2003.
• “Answering Your Questions About the Family and Medical Leave Act,” seminar, Lorman Education Services, February 3, 2003.
• “Superior Deposition Strategies in Virginia Trial Practice,” seminar, National Business Institute, September 20, 2002.
• “Preventing Workplace Violence,” seminar, Human Resources Association – National Capitol Area, May 8, 2002.
• “Private Investigators and Workplace Violence,” seminar, Private Investigators Association of Virginia, February 20, 2002.
• “Answering Your Questions About the Family and Medical Leave Act,” seminar, Lorman Education Services, February 7, 2001.
• “Title VII Update: Summary of Fourth Circuit Decisions Since Faragher and Burlington July 1998-July 1999,” seminar, Virginia Trial Lawyers Association, February 12, 2000.
• “Implementing Progressive Discipline Policies that Improve Employee Performance,” seminar, Council on Education Management, February 9, 2000.
• “Sexual Harassment: Primer and Update on Current Developments,” seminar, Fairfax Bar Association CLE, May 18, 1999.
• “Sex, Good Order and Discipline: Comparing the cultural, social and disciplinary treatment sexual harassment receives in military and civilian work environments,” panel discussion, American Bar Association Annual Meeting, August 1, 1998.
• “Federal Civil Post Trial Motions,” seminar, Fairfax Bar Association CLE, May 14, 1998.
• “Termination Clinic: Dynamite or Dud, Assessing Potential Explosive Employment Decisions,” panel discussion, Virginia CLE, March 24, 1998.
• “Sex, Good Order and Discipline: Comparing the cultural, social and disciplinary treatment sexual harassment receives in military and civilian work environments,” panel discussion, American Bar Association Mid-year Meeting, January 31, 1998.