Paul R. Smith

Your workforce is one of your company’s most valuable assets. It’s also one of the trickiest to manage. As a seasoned management-side employment lawyer, Paul helps companies navigate the various facets of the employment relationship. This goes far beyond simply representing employers when they are sued for wrongful termination. The adage “an ounce of prevention is worth a pound of cure” couldn’t be truer in the employment arena. But when claims arise, Paul is an experienced litigator who can vigorously defend his clients without blowing up the situation or breaking the bank.

Counseling Clients in Real Time

The best way to handle employee claims of mistreatment (e.g., wrongful termination, failure to accommodate, retaliation, etc.) is to avoid them in the first place. Paul consistently counsels companies with issues related to disability-accommodation requests, leave requests, misconduct, performance, discipline, classification (exempt vs. non-exempt, employee vs. independent contractor) and termination. Handling these issues immediately avoids escalation. And thinking through issues and putting in place preventative procedures in real time can make your case imminently easier to defend in future litigation.

Reviewing and Drafting Documents

Having the right documents in place is vital to avoiding employment disputes and mitigating risk. Carefully crafted employment agreements, offer letters, company policies, procedures and employee handbooks ensure your employees understand expectations, and if disputes arise, you’re well positioned to enforce your rights. Paul analyzes companies’ current employment documents to ensure they comply with applicable law  and contain proper protections. He also helps employers craft new agreements, policies and manuals, filling gaps in companies’ current catalogues.  

Training

Formal trainings that educate supervisors and subordinates regarding duties and legal landmines help set expectations and reduce risk. Paul presents informative and entertaining trainings for companies of all sizes, local to national, regarding harassment, discrimination, conflicts of interest and company policies. In 2023, Paul was recognized with the Outstanding Faculty Award by the National Business Institute for his trainings on employment law issues.

Investigating

Sometimes, despite employers’ and managers’ best efforts, allegations arise of misbehavior and injury, leaving companies to determine what happened, who is telling the truth and what they should do next. Paul commonly conducts investigations that involve interviewing witnesses, reviewing documents (including text messages, emails, Slack messages, etc.), analyzing company policies and providing factual findings that enable employers to make informed decisions on next steps and remedial measures.

Defending

From claims of discrimination (racial, gender, age, disability, etc.), harassment, failure to accommodate a disability and retaliation, Paul routinely defends companies in litigation before the Equal Employment Opportunity Commission (EEOC), state agencies like the Utah Antidiscrimination and Labor Division (UALD) and in federal district court. Such litigation also often involves settlement negotiations, including through formal mediation. Paul excels at resetting unreasonable plaintiffs’ expectations from six-figure demands to nuisance-value settlements. And when settlement isn’t successful, Paul has a strong track record obtaining favorable rulings from tribunals—including on motions for summary judgment—avoiding costly trials.

Paul’s litigation experience extends beyond the employment sphere into general commercial and contractual disputes. He has years of experience litigating at the administrative and trial-court level (including in state and federal court)as well as at the appellate level, briefing and arguing cases before the Tenth Circuit Court of Appeals, the Utah Court of Appeals and the Utah Supreme Court.