In addition to counseling employers on day-to-day employment matters, Michael D. Kristofco represents employers in employment-related litigation matters in both state and federal courts as well as before administrative agencies and tribunals.

Mr. Kristofco is also a member of the firm’s Education Law practice group, providing both employment and general school law advice to the firm’s public school district and private school clients. He has acted as solicitor to a public school district and has served in the capacity as a hearing officer for school boards in connection with local agency hearings. Mr. Kristofco represents the firm’s clients in sophisticated civil rights and commercial litigation matters.

Mr. Kristofco is a member of the Pennsylvania School Board Solicitors Association as well as the Pennsylvania and Montgomery Bar Associations. A graduate of the University of Pittsburgh, he received his law degree from Ohio Northern University where he served as a member of the Law Review.

Representative Matters

Employment Law

• Won $2.23 million judgment for a publicly traded company in an action based upon breach of employment agreements, misappropriation of trade secrets and interference with contractual relations.
• Successfully defended client against Family and Medical Leave Act claim which addressed issue of first impression concerning definition of “employer” under the law.
• Secured summary judgment for publicly traded company in connection with pregnancy discrimination suit filed by former chief financial officer.
• Obtained multiple preliminary and permanent injunctions enforcing covenants not to compete on behalf of employers.

Education Law

• Prevailed in case of first impression before Third Circuit Court of Appeals which established the standard of proof for discrimination claims under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act and which also established that students who claim they were wrongly regarded as being disabled have no cause of action under the Individuals with Disabilities Education Act.
• Defeated attempt to certify class of African American special education students alleging systematic racial discrimination by public school district in the provision of special education services.
• Successfully resolved Complaint filed with the Pennsylvania Department of Education for financial contribution to educational placement of a Cordero student.

Commercial

• Won jury verdict of approximately $250,000.00 for manufacturing company from former plant manager and competitor for breach of duty of loyalty and interference with contractual relations.
• Obtained summary judgment for US division of multinational corporation which was being sued for allegedly breaching a $250,000.00 per month requirements contract.
• Successfully defended individual partners being personally sued for over $130,000.00 in commissions and fees arising from a failed new business venture.
• Secured arbitration award confirming ownership interest of member of Limited Liability Company and completely vindicating member of all claims against her.

Speeches and Publications

• “DOL Independent Contractor Final Rule.” Montgomery County Business Managers’ Meeting. March 22, 2024.
• “Writing Defensible Evaluations and Improvement Plans.” Pennsylvania Association of School Personnel Administrators 33rd Annual Conference. February 28, 2019.
• “Addressing Sexual Harassment in the Workplace.” Pennsylvania Association of School Personnel Administrators 32nd Annual Conference. March 01, 2018.
• “Performance Improvement Plans FLSA Update.” Pennsylvania Association of School Personnel Administrators 31st Annual Conference. March 01, 2017
• “Drug and Alcohol Testing and Policies: How Will the New PA Medical Marijuana Act Affect Your District?” Rhonda K. Grubbs, Esq., co-presenter. Pennsylvania Association of School Personnel Administrators Webinar. October 6, 2016.
• “FLSA in the Schools – Recent Changes and Key Issues for School Districts.” Rhonda K. Grubbs, Esq., co-presenter. Pennsylvania Association of School Personnel Administrators 30th Annual Conference. February 25, 2016.
• “Preventing and Defending Against Employment Discrimination.” Bucks County School Administrators’ Association. October 19, 2015.
• “Trends in Employment Discrimination: Defending Against & Preventing Discrimination and Wage and Hour Cases.” Pennsylvania School Board Solicitors Association Symposium. July 17, 2015.
• “Are There Limits to Unpaid Leave as a Reasonable Accommodation?” Client Alert. October 2014.