Experience

Prior to starting McGrath Investigations, Michelle Regalia McGrath worked as a litigator and adviser for 12 years.  In this role, she honed her investigation skills, particularly with the intense discovery phase of each case.  Taking and defending depositions as well as conducting witness interviews has been a consistent core element to Ms. McGrath’s practice since the beginning.  She has been responsible for collecting and evaluating the relevance of documentary and/or electronic evidence in virtually every case.  Assessing credibility of witnesses and looking for corroboration has been an essential component of her job in order to effectively evaluate each case for the purposes of settlement, trial or hearing over the years.

For the last 7 years of her litigation practice, Ms. McGrath practiced exclusively in the area of employment law as in-house counsel for the United States Postal Service.  She also provided advice, counseling and training in this regard.  Among many matters, Ms. McGrath advised her clients on how to conduct lawful investigations in connection with employee complaints.  She also advised on the issuance of discipline, including but not limited to training, performance improvement plans and termination.  She led trainings on many topics including sexual harassment prevention, disability accommodation and FMLA.

In her litigation practice, Ms. McGrath handled a particularly high volume of cases, including many highly sensitive cases.  Ms. McGrath defended claims of:  retaliation, wrongful termination, sexual harassment, disability (failure to accommodate and discrimination) and discrimination based on gender, race, and age.  She defended management at hearings before both the Equal Employment Opportunity Commission (EEOC) and Merit Systems Protection Board (MSPB) and assisted the U.S. Attorney’s office in the defense of claims at U.S. District Court.  Ms. McGrath appeared in state and federal court while working in private law firms prior to her work at the United States Postal Service.

Ms. McGrath is also a trained mediator.  Her training and experience as a mediator, workplace investigator and employment lawyer enable her to effectively work with employers to create a safe and productive work environment.

Issues for Investigation

  • Harassment
  • Disability Accommodation
  • Disability Discrimination
  • Age Discrimination
  • Religious Discrimination
  • Sex/Pregnancy Discrimination
  • Sexual Orientation Discrimination
  • Violence
  • Bullying
  • Retaliation
  • Whistle-blower Allegations
  • Performance issues
  • Conflict of Interest

Education

Ms. McGrath graduated Magna Cum Laude from Boston College in 1994 with a B.A. in English.  She studied at Oxford University (Mansfield College) in her junior year.  Ms. McGrath attended Santa Clara University School of Law where she was Student Bar Association Treasurer and then President.  She earned her Juris Doctor from Santa Clara University School of Law in 1998.

Ms. McGrath is licensed to practice law in the State of California.  In addition to being a member of the California State Bar, Ms. McGrath is a member of the Contra Costa County Bar Association and San Francisco Bar Association.  She is also a member of the Association of Workplace Investigators (AOWI).