michael.colgan@wilsonelser.com

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Michael Colgan represents a broad range of clients, from nationwide corporations to local businesses, in employment and labor law matters at the agency, state, and federal levels. His practice focuses on the defense of claims related to discrimination, retaliation, harassment, defamation, and contract disputes. In addition to advising clients on best practices for employment policies, severance agreements, and contracts, Michael prides himself on helping clients navigate the ever-evolving employment and labor law landscape to achieve their goals through settlement, mediation, arbitration, or litigation.

Before joining Wilson Elser, Michael was a law clerk at a boutique Texas litigation firm, where he gained valuable experience assisting with general litigation and employment disputes. During law school, he served as a judicial intern in the 455th Civil District Court in Travis County, Texas.

Areas of Focus

Employment & Labor
Michael has successfully handled widely publicized discrimination and harassment cases brought against prominent educational institutions and medical care providers.

Commercial Litigation
In the commercial litigation area, Michael has represented franchisee clients in extensive multi-state litigation regarding breach of warranty, breach of contract, discrimination, and unfair business practices claims.

    Education

    • University of Texas School of Law (J.D., 2024)
      • Administrative Editor, Texas Review of Law & Politics
      • Secretary, First Generation Law Students
    • St. Joseph's University, New York – Long Island (B.A., cum laude with departmental honors, 2020)

    Bar Admissions

    • New York

    Court Admissions

    • Supreme Court of New York

    Professional Affiliations

    • Suffolk County Bar Association
    • Nassau County Bar Association

Michael Colgan

Wright and Colgan’s Partial Pre-answer Motion to Dismiss Win Defeats Ten of Eleven Claims Against Prestigious Independent School Client

Nancy Wright (Partner-New York, NY) and Michael Colgan (Associate-New York, NY) secured partial pre-answer dismissal in the U.S. District Court for the Southern District of New York, on behalf of Wilson Elser’s client, a prominent New York City independent school. The lawsuit, brought by our client’s former employee, asserted eleven claims alleging discrimination, a hostile work environment, and retaliation under Title VII and New York state and city anti-discrimination laws. The allegations were unusual in that they involved student-on-faculty conduct, rather than the more typical discrimination claims focused on faculty/employer-on-faculty behavior. Despite Nancy and Michael notifying the plaintiff of his pleading deficiencies and that the applicable statute of limitations barred most of the claims, the plaintiff proceeded in court. Wilson Elser filed a compelling motion to dismiss, expanding on arguments demonstrating that many of the claims were time-barred and/or legally deficient. The Southern District Court agreed, granting pre-answer dismissal in the client’s favor on ten of plaintiff’s eleven claims and leaving only a single city law claim to proceed. 

Nancy V. Wright and Michael Colgan

Wright, Subick & Colgan Win Full Dismissal in Tenure Fight

Nancy V. Wright (Partner-New York, NY), Saige Subick (Of Counsel-New York, NY), and Michael Colgan (Associate-New York, NY) secured a complete victory for our client, a public college under the State University of New York, in New York City. In a hard-fought, multi-witness disciplinary proceeding arbitrated under N.Y. Education Law § 2587 and the Collective Bargaining Agreement (CBA), against the employee’s union. Our client brought this action against an IT analyst, who had been with the client since 2007, who repeatedly refused to perform assigned tasks, engaged in loud and argumentative behavior in the workplace, consistently abused the time and attendance policy, and, most seriously, made a direct threat of gun violence against a supervisor following the denial of a work-from-home request. The team presented extensive evidence and multiple witness testimony demonstrating a pattern of performance deficiencies and support of the gross misconduct and insubordination charges. The team organized five years of performance documentation into an exhibit outlining that the employee had been counseled and submitted a concise, fact-driven 40-page post-hearing summation brief that, among other arguments, showed the threat of violence as per se terminable misconduct, rendering all other charges surplusage. After a four-day evidentiary hearing spread across five months, the Hearing Officer issued a Report & Recommendation that agreed with the Wilson Elser team on virtually all points. The arbitrator found “gross misconduct” and “just cause” for termination under § 2587 and Article 28.28 of the CBA. The Union’s demand for reinstatement with back pay was denied in its entirety. 

Nancy V. Wright, Saige A. Subick and Michael Colgan

Events

Michael Colgan represents a broad range of clients, from nationwide corporations to local businesses, in employment and labor law matters at the agency, state, and federal levels. His practice focuses on the defense of claims related to discrimination, retaliation, harassment, defamation, and contract disputes. In addition to advising clients on best practices for employment policies, severance agreements, and contracts, Michael prides himself on helping clients navigate the ever-evolving employment and labor law landscape to achieve their goals through settlement, mediation, arbitration, or litigation.

Before joining Wilson Elser, Michael was a law clerk at a boutique Texas litigation firm, where he gained valuable experience assisting with general litigation and employment disputes. During law school, he served as a judicial intern in the 455th Civil District Court in Travis County, Texas.