Michael J. Torchia

Mr. Torchia has been a managing member of the firm since 2000. His practice is concentrated in commercial litigation with an emphasis on employment law. He routinely and successfully represents and counsels local, regional, national and international businesses of all sizes in state and federal courts throughout the country on a variety of litigation matters. When he first joined the firm in 1995, he established an employment law department which has expanded to include representative clients such as national manufacturers, health care providers and pharmaceutical companies, large contractors, financing institutions and a multitude of non-profit and for-profit small and mid-size businesses.

He is a sought-after lecturer in programs that advise and train attorneys and human resources personnel, speaks extensively on employment law and litigation topics and is often asked to present in-house training and seminars for clients.

Mr. Torchia is a well-known investigator, and is routinely hired by other attorneys and corporate executives to investigate a wide variety of workplace misconduct including claims of sexual harassment, discrimination, retaliation and wrongful discharge. Mr. Torchia also serves as an expert witness for workplace investigations, and has developed programs and lectures on workplace investigations as well.  He is the author of several publications regarding employment law including the Workplace Investigations chapter of the Pennsylvania Employment Law Deskbook published by PBI Press, and an in depth white paper about at-will employment in Pennsylvania.

Mr. Torchia’s personal style of becoming intimately familiar with the client and the client’s goals and objectives has allowed him to accurately provide preventative strategies and advice in crisis situations, and it is those qualities that have attracted and maintained his loyal client base. Clients generally are drawn to two of Mr. Torchia’s opposing characteristics, that is, his easy-going style with clients versus his aggressive and tenacious style in the courtroom and with the opposition.

Mr. Torchia enjoys an AV Rating from Martindale-Hubbell; has been recognized as a Preeminent Lawyer by Martindale-Hubbell in the fields of litigation and employment law each year since 2002; and was chosen every year since 2009 as a “Super Lawyer” in the area of Employment Law. He was chosen as a 2007, 2008 and 2009 “Leader in the Law” by Philadelphia Business Journal and an “Awesome Attorney” by Suburban Life Magazine. In addition, Mr. Torchia is very involved in community activities, backpacking, skiing, the Red Sox, his son’s musical theater career and is a Chancellor Emeritus of his law school alumni association.

Independent Workplace Investigator

Mr. Torchia conducts independent workplace investigations nationwide of claims of sexual harassment, discrimination, retaliation, wrongful discharge, defamation and employee malfeasance for both public and private employers.  Various clients including large international corporations, public entities, governmental agencies and departments and closely held businesses

  • Prepares written Investigative Reports; testifies at deposition, arbitrations and trials as Investigator.
  • Hired as Expert Witness in Workplace Investigations by both plaintiff and defendant to provide opinion on sufficiency of previously completed investigation
  • Testified and qualified as expert witness in workplace investigations at federal court trial of Dunn v. Mercedes-Benz of Fort Washington, Inc., 10-CV-1662 (E.D. of Pa.), April, 2012.
  • Hired to train in-house investigators in Commonwealth agencies
  • Conducted over 120 workplace investigations

Articles by Michael J. Torchia, Esq.

EMPLOYMENT LAW AUDIT FOR YOUR MEDICAL PRACTICE

Michael J. Torchia, Esq. and Charles W. Ormsby, Jr., Esq.

AT-WILL EMPLOYMENT AND WRONGFUL DISCHARGE IN PENNSYLVANIA

Michael J. Torchia, Esq. and Stephen C. Goldblum, Esq.

EMPLOYMENT LAW AUDITS FOR YOUR BUSINESS

Michael J. Torchia, Esq.

CONDUCTING WORKPLACE INVESTIGATIONS

Michael J. Torchia, Esq.

Additional Articles and Presentations  by Michael J. Torchia, Esq.

“Very Recent Developments in Employment Law”; seminar presented at
Temple University Ambler Campus, February, 2010

“Employment Law Landmines and Recent Developments”; seminar presented to The President’s Club organization, February, 2010

“Understanding the Instant Impact of Bimbo Bakeries USA, Inc. v. Botticella, (3d Cir. July 27, 2010) on the Standard for Granting Injunctions Against Employment by a Competitor Due to Potential Disclosure of Trade Secrets”; presenter for ExecSense webinar September, 2010

“Conducting Effective Workplace Investigations” presented to Temple University Chapter of Society for Human Resources Management, October, 2010.

“Workplace Investigations of Sexual Harassment Claims”; course planner, moderator, presenter; 2010 Pennsylvania Bar Institute seminar (Philadelphia, Mechanicsburg, Pittsburgh, Norristown).  Co-author of PBI book

“The Good, the Bad and the Ugly of Progressive Discipline”; presenter; Pennsylvania Bar Institute Employment Law Institute seminar (Philadelphia), April, 2010.  Co-author of PBI chapter

“Employment Law Overview” presented to Temple University Chapter of Society for Human Resources Management, November, 2009

“Employee Leave Considerations” ; seminar presented at Semanoff Ormsby Greenberg & Torchia, LLC, October, 2008

“Recent Developments in Employment Law”; seminar presented at Semanoff Ormsby Greenberg & Torchia, LLC, March, 2008

“Workplace Investigations of Sexual Harassment Claims”; course planner, moderator, presenter; 2008 Pennsylvania Bar Institute Employment Law Institute seminar (Philadelphia).  Co-author of PBI chapter

“Ethical Issues in Workplace Investigations”; co-presenter, 2008 Pennsylvania Bar Institute seminar, Employment Law Institute. (CLE credit 1 hour ethics)

“Recent Developments in Employment Law”; seminar presented at Semanoff Ormsby Greenberg & Torchia, LLC, March, 2007

“Employment Law:  Trends and Developments 2006” presented to Employment Law Committee of DELVACCA (association of in-house corporate counsel) (CLE credit 1 hour), May, 2006

Appeared on radio station WOGL 98.1 on the “Philadelphia Agenda” program hosted by Brad Siegel discussing employment law issues and workplace investigations, November, 2006

“Workplace Investigations of Sexual Harassment Claims”; course planner, moderator, presenter; 2002 Pennsylvania Bar Institute seminar (Philadelphia, Mechanicsburg, Pittsburgh)

“Workplace Investigations of Sexual Harassment Claims”; 2002, author of chapters: “Introduction to Workplace Investigations”; “Investigations Beyond Sexual Harassment”; “Conducting Workplace Investigations”; and “Ethical Considerations in Sexual Harassment Investigations.” (CLE credit 3 hours)

“Table Talk” guest at Pennsylvania Bar Institute seminar, “Workplace Investigations” 2003-2005

Article: “Workplace Investigations” for Semanoff, Ormsby, Greenberg & Torchia, LLC website (introductory level), January, 2003

Appeared on radio station WJJZ 106.1 on the “Labors of Love” program to discuss sexual harassment, June 2000

Article: “Spierling Focuses on Public Policy Exception” November 20, 1999 as special contributor to The Legal Intelligencer

Numerous presentations to associations, private companies and clients on a variety of litigation and employment law topics.

Selected Published Opinions

Brandner v. Innovex, Inc., 2012-Ohio-462 (First District, Hamilton County, Feb. 10, 2012) (securing summary judgment in favor of company and against plaintiff alleging various employment related claims, affirmed in appellate court).

Bioquell Inc. v. Feinstein, et al., Civ. No. 10–2205, 2011 WL 673746 (E.D. Pa., Feb. 16, 2011) (successfully defending company and two individuals against claims of violation of non-competition provision, breach of contract and related claims in preliminary injunction).

Bioquell Inc. v. Feinstein, et al., Civ. No. 10–2205, 2010 WL 4751709 (E.D. Pa., Nov. 23, 2010) (successfully defending company and two individuals against claims of violation of non-competition provision, breach of contract and related claims in motion to partially dismiss complaint).

Griffin v. De Lage Landen Financial Serv. Inc., 219 Fed. Appx. 245, 100 Fair Empl. Prac. Cas. (BNA) 233 (3d Cir. Pa., Mar. 13, 2007) (directed verdict granted at trial to dismiss claims of gender discrimination and retaliation).

Integrated Health Services, Inc. v. Lee, 281 B.R. 231 (Bankr. D. Del. 2002) (represented employer against two key executives; court upheld the former employee’s restrictive covenants and protected employer’s trade secrets).

Bailey v. United Airlines, 279 F.2d 194 (3d Cir. 2002) (represented age discrimination plaintiff in successful appeal to reverse the grant of summary judgment).

Spierling v. First American Home Health Care Services, Inc., 737 A.2d 1250 (Pa. Super. 1999) (represented defendant in successful appeal, Superior Court holding no violation of public policy for an employer to discharge an employee for reporting Medicare fraud absent a statutory duty to do so).

Armbruster v. Unisys Corp., 32 F.3d 768 (3d Cir. 1994) (represented group of 14 age discrimination plaintiffs in successful appeal to reverse the grant of summary judgment).

 

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