Terry J. Smith

Terry J. Smith is a partner with Smith O'Callaghan & White. He has represented employers in all aspects of labor and employment law for more than 30 years, representing and regularly advising corporate defendants in litigation involving labor and employment matters in federal and state courts, and administrative agencies, throughout the United States. Prior to founding a boutique firm, Mr. Smith was a partner with Schiff Hardin & Waite in Chicago and began his career with Foley & Lardner in Milwaukee.

He has been named an Illinois Super Lawyer for the past 13 consecutive years (2007-2019), representing the top 5% of all attorneys in the State of Illinois. Mr. Smith has been awarded the AV® Preeminent Peer Review Rating from Martindale-Hubbell, the highest rating for ethics and legal ability. He has led Smith O'Callaghan & White to a place among "Go-To Law Firms" for corporate counsel and national recognition as a "best-in-class" boutique law firm providing exemplary client focus and service.

Mr. Smith deals extensively with all phases of employment-related litigation in the federal and state courts — from pre-litigation counsel, to discovery, to dispositive motions, to trial. He has represented employers in single-party and multi-party litigation. His experience encompasses cases involving employment discrimination, sexual harassment, wrongful discharge, breach of employment contract, trade secret misappropriation, covenants not-to-compete, unfair competition, employee pirating, breach of fiduciary duty, ERISA obligations in reductions-in-force, workplace defamation and many other labor and employment issues. He has successfully litigated these cases throughout the country.

Mr. Smith also has represented employers in a number of precedent-setting cases, including cases involving: the doctrine of inevitable disclosure of trade secrets, legal obligations of employers in reductions-in-force, workplace defamation law favorable to all Illinois employers on absolute privilege and self-publication, no individual supervisor liability under Title VII, notice requirements in alleged harrassment cases, arbitration of private employment contract disputes and the first case to reach the U.S. Court of Appeals for the Seventh Circuit substantively interpreting the FMLA. He also has successfully defended employers in many cases involving claims of employment discrimination, sexual harassment and other workplace issues that have resulted in reported decisions favorable to employers in the federal and state courts. He has extensive experience representing employers in administrative agency investigations, and in labor arbitrations and mediations.

Mr. Smith regularly counsels companies and other law firms on legal compliance, avoidance of employee claims and alternative dispute resolution. His labor and employment counsel encompasses problematic terminations, employment contracts and restrictive covenants, harassment issues, disability accommodation, FMLA compliance and a wide range of other workplace issues.