Thomas M.J. Hathaway

Member
Phone: 313-965-8233
Fax: 313-965-8252
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Areas of Practice
Labor & Employment Law
Admiralty & Maritime
Business Litigation
Employment Litigation

Bar Admissions
Admitted to practice in United States Court of Appeals for the Sixth Circuit and Tenth Circuit, United States District Courts for the Eastern and Western Districts of Michigan, United States Supreme Court, all courts in the State of Michigan and he is admitted to practice pro hac vice in the United States District Courts for the Eastern District of Pennsylvania, the Northern District of Florida, the District of New Mexico, and the Northern District of Oklahoma

Education
J.D., Vanderbilt University, 1972
B.A., College of the Holy Cross, 1969

Memberships
Detroit Bar Association, Past President
Michigan State Bar Association, Fellow
American Bar Association Labor & Employment Law Section's Equal Employment Opportunity Committee, Former Program Chair
State Bar of Michigan Character & Fitness Committee, District H, Chairman

Nationally known as a premier lawyer displaying “superb skills and an excellent trial demeanor” (“Chambers USA: Leading Lawyers for Business”) Thomas M.J. Hathaway is Member in Clark Hill's Labor & Employment Practice Group where he specializes in representing public and private sector management and executives in labor and business litigation, including employment discrimination, wrongful discharge, harassment, retaliation, whistleblower, trade secret and non-compete matters and counseling on business and personnel matters. Prior to joining Clark Hill, Mr. Hathaway was a founding partner and President of Brady Hathaway Brady & Bretz, P.C. 

Mr. Hathaway has over 30 years experience drafting policies and contracts, advising and defending employers in a wide range of employment, corporate, business and admiralty litigation before state and federal trial and appellate courts and before numerous administrative tribunals, as well as advising clients on traditional labor matters, collective bargaining negotiations and interest arbitrations.

Mr. Hathaway’s experience includes trials, litigation, appeals and counseling under various state and federal civil rights statutes, the FMLA, the FLSA, the PERA, the WARN, the Michigan Sales Representatives Commissions Act, various Whistleblower, Constitutional, tort, breach of contract, Wage and Hour, trade secret, confidentiality and non-compete agreement claims.

Mr. Hathaway has successfully represented employers, school districts, municipalities and businesses before the U.S. and Michigan Supreme Court, various state and federal trial and appellate courts around the U.S., including Michigan, Minnesota, Ohio, Pennsylvania, Florida, Oklahoma, New Mexico and Colorado, as well as federal and state administrative agencies, including the EEOC, the NLRB, the MERC, the MESC and the Michigan Department of Civil Rights.

In addition to his litigation and client counseling experience, Mr. Hathaway has been selected as the sole Arbitrator of employment and business litigation, as a Defense Arbitrator and Mediator in Panel Arbitration/Mediation and as a Facilitator for Alternate Dispute Resolution facilitation. Mr. Hathaway has served as the Chair of the Michigan State Bar Character and Fitness Committee, Wayne District, since 2004.

Mr. Hathaway is a 1969 Bachelor of Arts graduate of the College of the Holy Cross and a 1972 graduate of Vanderbilt University School of Law. After receiving his law degree, he practiced at and became a partner with the Detroit firm of Riley and Roumell, P.C. before co-founding Brady Hathaway, P.C. in 1989.

Affiliations

Mr. Hathaway is active in the following professional affiliations:

• Charter member of the American Employment Lawyers Council (1993-Present);
• An active member of the Detroit Metropolitan Bar Association (President, 1994-95), (Labor and Employment Law Section);
• American Bar Association Labor and Employment Law Section (Member and past Program Chair, EEO Subcommittee) and Litigation Section;
• State Bar of Michigan (Labor and Employment Law Section, Alternate Dispute Resolution Section)
• Macomb County Bar Association (Labor and Employment Law Section).
• Fellow of the Michigan State Bar Foundation.

In addition to his professional affiliations, he is active in charitable and non-profit activities. He is a longtime benefactor of Life Directions, www.lifedirections.org/locationsBoard.html, a national organization founded in Detroit in 1973 to motivate and work with at-risk youth and young adults, ages 13 to 30. He has served as Chair and as a board member of the Detroit location and currently serves as national Board Chair.

Seminars Taught

Mr. Hathaway lectures and speaks on various employment law, litigation and ethical issues with many groups including, the American Bar Association, the ABA EEO Committee, the ABA Labor and Employment Law Section, the Michigan State Bar, the Michigan State Bar’s Labor and Employment Law Section, the Detroit Metropolitan Bar, the Institute for Continuing Legal Education (ICLE), the Council on Education in Management, the Michigan Public Employer Labor Relations Association (MPELRA) and the Edison Institute.

In addition, Mr. Hathaway has addressed various organizations and trade groups on anti-harassment, and employment discrimination matters, including preventative measures.

Law Articles

Mr. Hathaway is a contributor to Employment Discrimination Law, Schlei and Grossman, second edition, 1983 supplement and the third edition, 1997. He has also authored articles and outlines examining, among other topics, age discrimination, religious discrimination, layoffs, damages recoverable in employment litigation, breach of contract claims and defending employment discrimination claims.

Honors

• Mr. Hathaway is “AV” rated, the highest rating available by Martindale-Hubbell Law Firm Directory.
• Chambers USA : America ’s Leading Lawyers for Business lists Mr. Hathaway as one of the top 20 Management employment lawyers in Michigan.
• Mr. Hathaway is recognized in "Best Lawyers in America"
• Mr. Hathaway was named as one "The Michigan Super Lawyers" by the Detroit News and the New York Times
• Who’s Who Legal: Management Labor & Employment has also recognized Mr. Hathaway for his professional achievement in management labor and employment law in Michigan.