Thomas O. McCarthy Managing Partner


Thomas O. McCarthy practices in all areas of labor and employment law with an emphasis in litigation before Federal and State courts and the National Labor Relations Board. Tom draws extensively not only from his legal education and prior experience as a Field Attorney with the National Labor Relations Board, but also over thirty years experience representing McMahon, Berger clients in all aspects of labor and employment matters throughout the United States.

Tom represents clients in all aspects of labor matters including collective bargaining, arbitration, strikes, injunctions, mergers, acquisitions, representation elections, unfair labor practice charges, and litigation arising under Section 301 of the Labor Management Relations Act.

Tom’s employment practice includes all facets of employment law including employment discrimination claims under Title VII, the American with Disabilities Act, the Age Discrimination in Employment Act, and the Family Medical and Leave Act. Tom has successfully defended employers in various courts throughout the country in a wide range of employment discrimination and wrongful discharge claims. Tom’s practice also involves advising clients on various employment-related matters including personnel policies, employment contracts, severance agreements, and employee handbooks.

Tom is a frequent speaker at seminars and conferences on labor and employment law issues for employer organizations, advising employers how to deal with government investigations, avoid litigation and minimize liability.


University of Missouri, Columbia


cum laude

University of Missouri, Columbia


Admitted To Practice

  • State of Missouri
  • United States District Court, Eastern District of Missouri
  • United States District Court, Western District of Missouri
  • Supreme Court of the United States
  • United States Court of Appeals, Sixth Circuit
  • United States Court of Appeals, Seventh Circuit
  • United States Court of Appeals, Eighth Circuit
  • United States Court of Appeals, Tenth Circuit

Professional Associations

Member, Labor and Employment Law Section
Member, Litigation and Labor and Employment Sections
Chairman, Labor and Employment Law Section (1985 - 1986)
Co-Chairman, Labor Arbitrator Development Program (1984 - 1985)
Instructor of course in traditional labor relations, Washington University's Executive Master's in Manufacturing Management (EM3) Program
Best Lawyers in America
Missouri/Kansas Super Lawyers
Top 100 Labor and Employment Lawyers
Chambers USA