Matthew T. Gomes
3344 Peachtree Road, NESuite 2400Atlanta, GA 30326
T: 404.832.9529F: 404.875.9433
Matt Gomes has spent his entire legal career helping employers avoid labor and employment problems by partnering with clients to provide preventative counseling and training involving discipline, discharge, reductions-in-force and other personnel matters, employee handbooks, employment agreements, affirmative action plans, and audits and inspections from government agencies. He also advises clients regarding labor and employment aspects of corporate acquisitions or divestitures.
When litigation has been unavoidable, Matt has represented clients in federal and state courts and before government agencies throughout the United States in all aspects of labor law and employment litigation, including allegations of discrimination, harassment and retaliation, wage and hour, labor relations, employee benefits, and other matters arising out of the employment relationship such as covenants not to compete, trade secret misappropriation, breaches of fiduciary duty, unfair competition, computer theft, defamation, tortious interference, and civil RICO claims. He also has represented companies in union election campaigns, union contract negotiations, and unfair labor practice charges before the National Labor Relations Board. In addition, Matt has extensive business litigation experience, including successful representation of a number of clients in “business divorces” involving partners or members of closely-held companies.
Matt is the author of several articles and publications and has been interviewed by the Atlanta Business Chronicle for his insights into employment law issues. He is also a frequent seminar presenter on matters of interest in labor law and employment litigation.
University of North Carolina at Chapel Hill, B.A., with distinction, 1995
Phi Beta Kappa
Washington and Lee University School of Law, J.D., cum laude, 1998
Phi Delta Phi
Bar & Court Admissions
- State Bar of Georgia
- The Florida Bar
- Numerous U.S. District and Appellate Courts
Obtained summary judgment for cemetery in lawsuit alleging breach of contract, fraud, negligence and intentional infliction of emotional distresses based on wrongful burial.
Defended automotive parts manufacturer and distributor and its employees in trade secret misappropriation lawsuit. Federal court denied plaintiff’s motion for temporary restraining order and preliminary injunction putting corporate client out of business and ordering it to fire individual clients.
Lead counsel defending cemetery in jury trial on plaintiffs’ claims alleging wrongful burial.
Represented restaurant client in Fair Labor Standards Act collective/class action.
Defended insurance company in two-week class action jury trial involving claims of independent contractor misclassification under ERISA involving approximately 7,000 class members.
Obtained summary judgment for acute care hospital on claims of race discrimination, retaliation and hostile work environment in violation of Title VII and state law.
Obtained summary judgment for acute care hospital on claims for race and religious discrimination in violation of Title VII, ADEA and ADA discrimination and retaliation, FMLA retaliation, and state law breach of contract claim.
Obtained summary judgment for provider of warehousing and transportation services on Title VII retaliation claim.
Obtained summary judgment for funeral home on claims for disability discrimination and retaliation in violation of state law.
Obtained summary judgment for window film company on claims for race discrimination, harassment and retaliation in violation of Title VII and Section 1981.
Obtained summary judgment for truck leasing company on state law claims for false imprisonment, slander, malicious prosecution, and intentional infliction of emotional distress.
Obtained summary judgment for supply chain management and logistics company on claims of sex discrimination, age discrimination, disability discrimination and FMLA retaliation.
Lead counsel responsible for defense verdict for home health client in five-day jury trial on Title VII retaliation claim. The Court previously dismissed claims for sex discrimination, negligent supervision, and emotional distress at summary judgment.
Led management team on behalf of manufacturing client in first contract collective bargaining agreement negotiations with Steelworkers union.
Represented health information management client in nationwide Fair Labor Standards Act collective/class action.
Obtained temporary restraining order on behalf of software developer client enjoining competitor from employing two former executives based on inevitable disclosure of trade secrets in violation of the Georgia Trade Secrets Act – even in the absence of any covenant not to compete.
Lead counsel responsible for verdict awarding six-figure damages plus attorney’s fees after a five-day jury trial on insurance brokerage client’s claims against former agent for breach of fiduciary duty, tortious interference and misappropriation of trade secrets.
Represented stevedoring client in two-day unfair labor practice trial before the National Labor Relations Board and in subsequent litigation in federal appeals court.
Obtained summary judgment for home health client on claims of sex discrimination, pregnancy discrimination, emotional distress and breach of contract.
Obtained injunction enforcing heavy equipment distributor client’s covenant not to solicit against former salesperson and new employer, which was subsequently affirmed by state appeals court.
Obtained summary judgment for president of insurance brokerage for alleged failure to pay overtime to insurance agent under FLSA.
Lead counsel responsible for defense verdict for automotive manufacturer client in three-day jury trial on race, sex and national origin discrimination and retaliation claims under Title VII. Jury deliberated for 20 minutes before returning defense verdict. The Court previously dismissed claims for sexual harassment, violation of COBRA and emotional distress at summary judgment.
Awards & Recognitions
Georgia Trend, Legal Elite, Labor & Employment (2012, 2013, 2016)
Super Lawyers Magazine, Georgia Rising Stars List, Employment & Labor (2005-2006, 2009-2013)
Who’s Who in American Law
Who’s Who in America
Who’s Who in the World
Professional & Community Activities
American Bar Association
Associated General Contractors Georgia
Atlanta Bar Association
News & Publications
- HR Dive
- ACC Georgia Newsletter
- HR Dive
- Partner Matt Gomes Discusses Best Practices When Planning Layoffs or Carrying Out Staff ReorganizationsHR Dive
- HR Dive
- HR Dive
- HR Dive
- Business Insurance
- Atlanta Business Chronicle
- August 25, 2016
Gomes, Matthew, "New Federal Guidance for Hiring Interns," Atlanta Business Chronicle, 13 Mar. 2018.
Gomes, Matthew, “Preventing and Defending Against ‘Stealth’ Discrimination Claims Under Sarbanes-Oxley,” Complying with Sarbanes-Oxley’s Whistleblower Provisions: Leading Lawyers on Understanding Whistleblower Provisions, Complying with Key Regulations, and Responding to Claims (Inside the Minds), 2009.
Events & Speaking Engagements
Frequent speaker at seminars on a variety of labor and employment law issues, including wage-hour, covenants not to compete, trade secret protection, workers’ compensation, discipline and discharge, electronic discovery, workplace policies, immigration law compliance, sexual harassment, and FMLA compliance.
Speaker, "Opportunity: Making the Most of Discovery," 2014 In-house Counsel Seminar
Speaker, "A Rock and a Hard Place: Employment Verification, Security Screening and Other Hiring Pitfalls”
Speaker, “Wages, Off-the-Clock Claims and Overtime Issues”
Speaker, “How to Avoid Jeopardizing Your IP When an Employee Departs”
Speaker, “How to Discipline and Discharge Without Getting Sued”