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Thomas J. McGoey II
Main image for Thomas J. McGoey II

THOMAS J. McGOEY II

Shareholder

,
New Orleans

Leader of Commercial Litigation Practice Group

T  504.299.6101
tjmcgoey@liskow.com
Connect with me
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Practices

  • Labor & Employment
  • ERISA & Employee Benefits
  • Contract & Quasi-Contract Disputes
  • Unfair Trade Practices & Business Torts
  • Trade Secrets, Unfair Competition, & Non-Competes
  • Education
  • Commercial Litigation
  • Criminal Defense & Government Investigations

Blogs

  • Gulf Coast Business Law Blog - Thomas McGoey
  • The Energy Law Blog - Thomas McGoey

Assistant

Regina Dicke

504.556.4189

“Clients hire me because of my reputation for providing practical advice and achieving successful litigation results. They continue to use me because I have 35 years of experience with workplace issues of all kinds, I am easy to work with, and I communicate effectively with their management and staff.”

Overview

Tommy is the leader of the firm’s commercial litigation practice group and a former member of the firm’s Board of Directors. He is a go-to labor and employment lawyer with experience throughout Louisiana and in Texas and many other states. With his 35 years of experience, he helps employers handle contentious human resources claims and issues, both inside and outside the courtroom. Clients include major energy companies, manufacturers, healthcare providers, schools, maritime companies, museums, restaurants, law firms, and small businesses.

Tommy takes a client-focused approach. In lawsuits and arbitrations, he collaborates with the client team to build a strong case or seek an effective early resolution. In his human resources counseling role, he gathers the facts, analyzes the legal principles, and formulates a practical solution.

Tommy’s work in labor and employment is recognized by both national and local publications. Chambers USA has consistently ranked Tommy in its top level, Band 1, for his Labor & Employment practice. He has also been recognized by The Best Lawyers in America as a “Lawyer of the Year” in Litigation – Labor Employment and Employment Law – Management and by Super Lawyers as a “Top 50 Super Lawyer” in Louisiana.

Tommy handles difficult cases in federal and state trial and appellate courts, and arbitrations. His labor and employment experience includes:

  • Non-compete and Trade Secret Litigation: Obtaining temporary restraining orders and preliminary injunctions; seeking declaratory judgments; and protecting employers’ confidential information.
  • Retaliation Claims: Defending employers against retaliation claims under Whistle-Blower Statutes, the Sarbanes-Oxley Act (SOX), Title VII of the Civil Rights Act of 1964 and other discrimination statutes, the Fair Labor Standards Act (FLSA), and workers compensation statutes.
  • Discrimination and Harassment Claims: Defending employers under the Louisiana Employment Discrimination Law, Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), Equal Pay Act, Pregnancy Discrimination Act, and ERISA.
  • Wage and Hour Claims: Defending employers against claims under the FLSA and Louisiana Wage Payment Act.
  • Employment Related Agreements: Drafting and litigating employment, non-compete, non-solicitation, confidentiality, and separation agreements, as well as alternative dispute resolution policies and employee handbooks.
  • Labor Arbitrations: Presenting the employer’s case in arbitrations involving union grievances related to discipline or contract interpretation.
  • Administrative Claims: Defending employers in administrative proceedings before the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Department of Labor (DOL) and Occupational Safety and Health Administration (OSHA).
  • Compliance Advice: Counsels employers on compliance with a myriad of employment laws related to hiring decisions, compensation, discipline, termination, reductions in force, and responding to catastrophes affecting the workplace. Advises clients on emerging issues such as the recent COVID-19 pandemic.
  • Training: Conducts training for managers and supervisors on substantive issues, employee relations and litigation avoidance.

Talks about

#laborandemployment #noncompete #employers #humanresources #discrimination

Highlights

Experience

Successfully defended a manufacturer’s newly hired employee against illegitimate claims of misappropriation of trade secrets by the manufacturer’s competitor, which was the employee’s former employer. Prevailed in a preliminary injunction trial, following which the competitor/former employer dismissed its suit.

Client Comment

“He provides reasonable and reliable advice and recommendations. He also communicates effectively with all levels. He is extremely responsive and is committed to providing a great working relationship.” / “Tommy McGoey is the best employment attorney I have ever worked with.”

– Chambers USA Client Comment, 2023

Insight

“Louisiana Supreme Court Relies on Employment-at-Will Doctrine in Enforcing Private Employer’s Vaccine Mandate”

Notable Experience

  • Successfully defended a manufacturer’s newly hired employee against illegitimate claims of misappropriation of trade secrets by the manufacturer’s competitor, which was the employee’s former employer. Prevailed in a preliminary injunction trial, following which the competitor/former employer dismissed its suit.
  • Defeated grievance alleging systematic diminishment of bargaining unit at chemical plant. Proved CBA contained no staffing requirements and there was a binding past practice of use of contractors as an efficiency strategy, which the union accepted. We prevailed, and the decision saved our client millions of dollars in additional labor costs.
  • Secured a favorable result for a global chemical manufacturer hit with both a wrongful termination grievance and a discrimination lawsuit by the same employee. Expedited the hearing in the arbitration and prevailed. Then obtained a nuisance value settlement of the discrimination lawsuit.
  • Represented a global oil company in an FLSA collective action in which the employees of its contractor sought unpaid overtime wages. Prevailed on motion to dismiss company based on deficient allegations of joint employer status in the complaint.
  • Defended a regional health care company against ADA lawsuit filed by employee with history of breast cancer who was terminated for poor performance. Deposed only the plaintiff and obtained summary judgment dismissing all claims.
  • Secured Award dismissing contracting out grievance filed by union against global chemical company. Proved that employer had long-standing past practice of assigning work in question to contractors and union had acquiesced in the practice.
  • Defended major chemical company against sex, age, and reverse race discrimination claims of terminated lab technician. Deposed only the plaintiff and obtained summary judgment dismissing all claims.
  • Obtained summary judgment, affirmed on appeal, for major refinery in same-sex, sexual harassment case filed by terminated operator. Sifted through multiple claims to address the crux of the issue, which involved a personality conflict and not harassment based on sex.
  • Represented a Plan Administrator of regional health care company’s ERISA severance pay plan in action for severance benefits. Obtained summary judgment on grounds that Administrator’s denial of benefits was not an abuse of discretion.

Involvement

Professional

  • Liskow’s Board of Directors, Former Member  
  • New Orleans Bar Association, Member 
  • Louisiana State Bar Association, Member 
  • Federal Bar Association, Member 
  • American Bar Association, Member 
  • Defense Research Institute, Labor and Employment Section, Member 

Community 

  • Secretary, Volunteers of America Southeast Louisiana, Board of Directors 2023-2024
  • Volunteers of America Southeast Louisiana, Board of Directors 
  • New Orleans Speech and Hearing Center, Former Member of Board of Directors, Past-President 

Recognition

  • Chambers USA – Labor & Employment, 2006-2025, Band 1
  • The Best Lawyers in America, Employment Law – Management; Labor Law – Management; Litigation - Labor and Employment, 2005-2025
  • Named "Lawyer of the Year" by Best Lawyers for:
    • Employment Law - Management, New Orleans, 2018, 2021, 2025
    • Litigation - Labor and Employment, New Orleans, 2019 and 2024
    • Labor Law - Management, New Orleans, 2017
  • Louisiana Super Lawyers, Employment & Labor, 2008-2025
    • Top 50: 2024 Louisiana Super Lawyers
    • Top 50: 2023 Louisiana Super Lawyers
    • Top 50: 2023 New Orleans Super Lawyers
    • Top 50: 2022 Louisiana Super Lawyers
    • Top 50: 2022 New Orleans Super Lawyers
    • Top 50: 2021 Louisiana Super Lawyers
    • Top 50: 2021 New Orleans Super Lawyers
  • New Orleans CityBusiness Leadership in Law, 2022 and 2019
  • New Orleans Magazine’s List of “Top Lawyers,” 2004–2012, 2021-2022

 

Best Lawyers Award Badge

 

Credentials

Education

  • Louisiana State University, Paul M. Hebert Law Center (J.D., 1987)
  • University of Virginia (B.A., with Distinction, 1984)

Bar Admissions

  • Louisiana, 1987

Court Admissions

  • U.S. Supreme Court, 2000
  • U.S. Court of Appeals, Fifth Circuit, 1989
  • U.S. District Court, Eastern District, Louisiana, 1987
  • U.S. District Court, Middle District, Louisiana, 1987
  • U.S. District Court, Western District, Louisiana, 1987

Presentations

  • "Marine Employment Considerations," Liskow Maritime Seminar, October 15, 2024, Houston, Texas
  • "Employment Law Update," Liskow's Employment Law Update Webinar, October 12, 2023
  • State and Federal Laws Update - Panel Discussion, Human Resource Management’s Legal Summit, September 17, 2024, New Orleans, LA
  • “Wage Transparency Law Implications for Workforce Development,” Offshore Marine Service Association's Spring Regulatory Meeting, March 2023
  • “Labor and Employment Law Update,” Liskow & Lewis Webinar, November 2, 2021
  • "COVID Liability and Your Business: An Employer's Guide to Workplace Liability During the Pandemic," 2020 Southern Energy Conference, Hosted by LOGA and LMOGA, October 20, 2020
  • "Recent Developments in Labor and Employment Law," Federal Mediation and Conciliation Service’s Louisiana-Mississippi Labor-Management Conference, July 17, 2018, Biloxi, MS
  • "Harassment in the Workplace:  Awareness and Legal Issues in the #metoo Era," In-House BP CLE Presentation, June 25, 2018, Houston, TX

Publications

  • “Majority Group” Employees Likely to Bring More “Reverse Discrimination” Claims in Wake of Recent Supreme Court Ruling, Liskow's Gulf Coast Business Law Blog, June 6, 2025
  • "Employers Win: Lower Burden of Proof Required to Prove FLSA Exempt Status," Liskow's Gulf Coast Business Law Blog, January 21, 2025
  • "NLRB Rules that Compelled Attendance at Meetings Regarding Union Organizing and Statements Regarding the Impact of Unionization May Violate the Law," Liskow's Gulf Coast Business Law Blog, December 10, 2024
  • "FTC Noncompete Ban Killed Before Taking Effect," Liskow's Gulf Coast Business Law Blog, August 21, 2024
  • "Fifth Circuit Affirms Dismissal of Jones Act Claims Based on Forum Non Conveniens," Liskow's The Maritime Law Blog, July 23, 2024
  • "Supreme Court Resolves Circuit Split: Federal Arbitration Act Mandates a Stay of Court Proceedings, Not Dismissal," Liskow's The Energy Law Blog, May 22, 2024
  • "Greater Protections for Pregnant Workers Borne Out of the EEOC’s Final PWFA Rule," Liskow's Gulf Coast Business Law Blog, May 9, 2024
  • "Double Whammy for Employers: DOL Increases Salary Requirements for FLSA Overtime Exemptions," Liskow's Gulf Coast Business Law Blog, April 25, 2024
  • "FTC Noncompete Ban Already Challenged, Unlikely to Ever Take Effect," Liskow's Gulf Coast Business Law Blog, April 24, 2024
  • "DOL Issues New Test for Employee/Independent Contractor Classification," Liskow's Gulf Coast Business Law Blog, January 11, 2024
  • “Potential Increase in Minimum Salary for Overtime Exemptions,” Liskow's Gulf Coast Business Law Blog, August 30, 2023
  • "Louisiana Employees Now Entitled To Time Off For Genetic Testing And Cancer Screening," Liskow's Gulf Coast Business Law Blog, August 7, 2023
  • "Changes to Form I-9 Looming," Liskow's Gulf Coast Business Law Blog," July 31, 2023
  • "SCOTUS Ruling Broadens Religious Protections for Workers," Liskow's Gulf Coast Business Law Blog, July 5, 2023
  • "NLRB General Counsel Joins FTC in Biden Administration Assault on Noncompete Agreements," Liskow's Gulf Coast Business Law Blog, May 31, 2023
  • "EEOC Releases Technical Assistance Document Providing Guidance on Assessing Adverse Impact under Title VII in AI and Other Software," Liskow's Gulf Coast Business Law Blog, May 18, 2023
  • "NLRB Finds Confidentiality and Non-Disparagement Provisions in Severance Agreements Unlawful," Liskow's Gulf Coast Business Law Blog, February 24, 2023
  • "SCOTUS Ruling Increases Employer Risk of Overtime Liability for Day Rate Compensation," Liskow's Gulf Coast Business Law Blog, February 24, 2023
  • "Secure Act 2.0 – The Top Ten Retirement Provisions," Liskow's Gulf Coast Business Law Blog, January 2023
  • "Employers Must Now Prove Covid Screening is a “Business Necessity,” Liskow's Gulf Coast Business Law Blog, July 14, 2022 
  • "Senate Passes Bill Barring Mandatory Arbitration in Sexual Misconduct Cases," Liskow's The Energy Law Blog, February 11, 2022 
  • "United States Supreme Court Halts OSHA COVID-19 Vaccine-or-Test Rule, But Allows CMS Healthcare Worker Vaccine Mandate to Stand, "Liskow's The Energy Law Blog, January 13, 2022 
  • "Louisiana Supreme Court Relies on Employment-at-Will Doctrine in Enforcing Private Employer’s Vaccine Mandate," Liskow's The Energy Law Blog, January 11, 2022 
  • "EEOC Says COVID-19 Can Be a Disability Under the ADA," Liskow's The Energy Law Blog, December 15, 2021 
  • "Labor and Employment Law FAQs Related to Hurricane Ida," Liskow's The Energy Law Blog, September 10, 2021 
  • "Louisiana Enacts New Laws Requiring Accommodations for Pregnant Employees and Restricting the Use of Criminal History in Hiring Decisions," Liskow's The Energy Law Blog, July 30, 2021 
  • "What Does Washington’s Pro-Union Push Mean for You?" Liskow's The Energy Law Blog, May 4, 2021 
  • "Supreme Court Punts on Important Arbitrability Question," Liskow's The Energy Law Blog, February 4, 2021 
  • "U.S. Supreme Court Rules That Federal Anti-Discrimination Law Protects Gay And Transgender Workers," Liskow's The Energy Law Blog, June 15, 2020 
  • "OSHA Addresses Reporting COVID-19 Cases as Job-Related and In-Person Workplace Inspections," Liskow's The Energy Law Blog, May 20, 2020 
  • "EEOC Authorizes Testing of Employees for COVID-19," Liskow's The Energy Law Blog, April 23, 2020 
  • "COVID-19 Federal Legislative Response," Liskow's The Energy Law Blog, March 31, 2020 
  • "Supreme Court Holds State Wage and Hour Laws are Inapplicable to Offshore Drilling Platforms, Liskow's The Energy Law Blog, June 17, 2019 
  • "New U.S. Supreme Court Decisions Clarify the Courts’ Authority to Compel Arbitration," Liskow's The Energy Law Blog, January 17, 2019 
  • "Supreme Court Validates Employer’s Right to Require Class and Collective Action Waivers in Employment-Related Arbitration Agreements," Liskow's The Energy Law Blog, May 21, 2018 
  • New Government Contractor “Blacklisting” Reporting Requirements Put on Hold 
  • "Navigating Non-Compete and Other Key Talent Issues: A Primer for Employers," Liskow's The Energy Law Blog, July 20, 2016 

After Hours

"I enjoy music, New Orleans restaurants, college sports, and time with the family. I love golf, but it’s a humbling game." 

WHAT’S TRENDING WITH Thomas

  • Blogs
    06.06.25
    “Majority Group” Employees Likely to Bring More “Reverse Discrimination” Claims in Wake of Recent Supreme Court Ruling
    less than a minute
  • News
    06.06.25
    Chambers USA Ranks 32 Liskow Lawyers, 10 Practice Areas
    2 minute read
  • News
    05.06.25
    59 Liskow Lawyers Selected to 2025 Louisiana Super Lawyers, Rising Stars
    less than a minute
  • Blogs
    01.21.25
    Employers Win: Lower Burden of Proof Required to Prove FLSA Exempt Status
    2 minute read
  • Blogs
    12.10.24
    NLRB Rules that Compelled Attendance at Meetings Regarding Union Organizing and Statements Regarding the Impact of Unionization May Violate the Law
    2 minute read
  • Blogs
    12.10.24
    NLRB Rules that Compelled Attendance at Meetings Regarding Union Organizing and Statements Regarding the Impact of Unionization May Violate the Law
    1 minute read
  • Blogs
    08.30.24
    Potential Increase in Minimum Salary for Overtime Exemptions
    2 minute read
  • Blogs
    08.21.24
    FTC Noncompete Ban Killed Before Taking Effect
    2 minute read
  • Blogs
    08.21.24
    FTC Noncompete Ban Killed Before Taking Effect
    2 minute read
  • News
    08.15.24
    118 Liskow Lawyers Recognized in The Best Lawyers in America® (BL Rankings) 2025
    5 minute read
View All
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