Kelly C. Smith Haley

Specialization

• Litigation
• Employment Law
• Bankruptcy, Restructuring and Creditors' Rights

About Kelly's Practice

Kelly Smith Haley is a partner in Fox, Swibel, Levin & Carroll's Litigation Group. She has represented businesses in civil litigation matters, including claims relating to breach of contract, consumer fraud, employment law, and class action defense, at the trial and appellate levels in state and federal court and has represented corporations and their officers, directors, and employees in Securities and Exchange Commission and other law enforcement investigations.  Additionally, she has represented a variety of lenders and receivers in complex commercial and residential foreclosure actions.

Kelly received her B.A. in English from the University of Notre Dame. She received her J.D., magna cum laude, from Loyola University Chicago School of Law, where she was a member of the Loyola University Chicago Law Journal.

Prior to joining Fox Swibel, she was an associate in the Chicago and Washington D.C. offices of Skadden, Arps, Slate, Meagher & Flom LLP. She is a member of the Alumni Board of Governors for Loyola University Chicago School of Law and a Board Member for the Chicago Foundation for Women.

Education

• Loyola University Chicago School of Law
  (J.D., magna cum laude)
  Loyola University Chicago Law Journal
• University of Notre Dame
  (B.A.)

Major Publications & Speaking Engagements

• Editor, Illinois Employment Law Letter
• Contributing Editor, Great Lakes Employment Law Letter
• Author, "United Airlines pilot's sick leave claim ruled infirm," Illinois Employment Law Letter, April 2022, and HR Daily Advisor, April 18, 2022
• Author, "Owner's alleged harassment is tough pill for pharmacy to swallow," Illinois Employment Law Letter, April 2019, and HR Daily Advisor, May 23, 2019
• Author, "On the basis of sex: Getting a 'statute' is even better than getting a golden statue'," Illinois Employment Law Letter, February 2019, and Diversity Insight, February 12, 2019
• Author, "Morgan Stanley wins timeliness on bet to scotch sexual harassment claim," Illinois Employment Law Letter, January 2018, and HR Daily Advisor, February 15, 2018
• Author, "New year brings new job applicants, more exposure to Equal Pay Act claims," Illinois Employment Law Letter, January 2018, and HR Daily Advisor, February 8, 2018
• Author, "Court provides new guidance on what to expect when you're expecting (or breastfeeding)," Illinois Employment Law Letter, December 2018, and HR Daily Advisor, January 16, 2018
• Author, "First things first: Court outlines test for ADA interference claims," Illinois Employment Law Letter, November 2017, and HR Daily Advisor, December 28, 2017
• Author, "Retaliation--the Marcia Brady of employment law," Illinois Employment Law Letter, September 2017, and HR Daily Advisor, October 26, 2017
• Author, "Bed, Bath & Beyond learns wage and hour compliance is no bed of roses," Illinois Employment Law Letter, August 2017, and HR Daily Advisor, September 21, 2017
• Author, "Court nukes Illinois employee's ADA failure to accommodate claim," Illinois Employment Law Letter, July 2017, and HR Daily Advisor, August 16, 2017
• Author, "Think you can't terminate an employee on FMLA leave? Think again," Illinois Employment Law Letter, June 2017, and HR Daily Advisor, July 27, 2017
• Author, "Company laptop not fair game in employee's injury lawsuit--for now," Illinois Employment Law Letter, February 2017, and Technology for HR Blog, March 29, 2017
• Quoted, "A Culture of Harassment? What Went Wrong at Uber, Tesla," HR Daily Advisor, March 15, 2017
• Author, "ADA: Injured worker commits error en route to shutout in 7th Circuit," Illinois Employment Law Letter, July 2016, and HR.BLR.com, August 11, 2016
• Author, "Illinois court dumps nursing mother's breastfeeding claims," Illinois Employment Law Letter, May 2016, and HR.BLR.com, June 15, 2016
• Author, "FMLA: Court sees through Illinois Costco optical manager's retaliation claim," Illinois Employment Law Letter, April 2016, and HR.BLR.com, May 19, 2016
• Author, "Illinois court allows ink to dry on police department's tattoo policy," Illinois Employment Law Letter, January 2016, and HR.BLR.com, February 9, 2016
• Author, "Cook County finds its halls of justice in the hot seat for retaliation claim," Illinois Employment Law Letter, December 2015, and HR.BLR.com, January 20, 2016
• Author, "Illinois court refuses to make temp's civil rights claims permanent," Illinois Employment Law Letter, December 2015, and HR.BLR.com, January 6, 2016
• Author, "7th Circuit lacks conviction for police officer's ADA claim," Illinois Employment Law Letter, September 2015, and HR.BLR.com, October 14, 2015
• Author, "Illinois employers can't 'bank' on unlimited authority to deny discretionary bonuses," Illinois Employment Law Letter, August 2015, and HR.BLR.com, September 2, 2015
• Quoted, "Activity trackers and wellness programs: high-tech help or privacy threat?" HR Hero Line, June 24, 2015
• Author, "Salud! Illinois teacher's night of sangria did not violate school board's alcohol policy," Illinois Employment Law Letter, May 2015, and HR.BLR.com, June 10, 2015
• Author, "Termination based on refusal to self-incriminate not retaliatory," Illinois Employment Law Letter, March 2015, and HR.BLR.com, April 27, 2015
• Author, "Illinois court flushes plumber's whistleblower claim down the drain," Illinois Employment Law Letter, February 2015, and HR.BLR.com, March 5, 2015
• Author, "Grocer need not accommodate F-bomb in aisle 7," Illinois Employment Law Letter, September 2014, and Diversity Insight, January 18, 2015
• Author, "EEOC weighs in on employer wellness plans," Illinois Employment Law Letter, December 2014, and HR Hero Line, January 9, 2015
• Author, "Design firm's DIY social media approach not 'liked'," Illinois Employment Law Letter, July 2014, and Technology for HR Blog, September 15, 2014

Admitted to Practice

• Illinois