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Rachel M. Smith

Rachel Smith joined the Houston office of Baker Hostetler in September 2004. Ms. Smith’s experience includes representing management in a number of industries on employment matters involving wrongful termination under federal laws, such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act and the Family and Medical Leave Act. Ms. Smith’s practice also involves advising and defending employers on wage and hour matters, including collective actions arising under the Fair Labor Standards Act. Ms. Smith represents and advises management with respect to employment issues arising under state law, including but not limited to, unemployment claims and workers’ compensation retaliation, covenant not to compete agreements, the Texas Payday Act, breach of contract, the Texas Staff Leasing Services Act, tortious interference, invasion of privacy, intentional infliction of emotional distress, whistleblower claims and various claims arising under the Texas Labor Code.

Ms. Smith’s practice includes representing employers in both state and federal litigation and before a number of administrative agencies, including the Equal Employment Opportunity Commission, the Texas Commission on Human Rights, the Texas Workforce Commission and various state departments of labor and fair employment practice agencies. She also advises clients on various issues associated with employing an international workforce.

In addition, Ms. Smith’s practice includes conducting internal investigations and counseling employers in order to minimize employment disputes and potential litigation with reference to issues concerning the employment relationship, including personnel and policy manuals, disciplinary and compliance matters. Ms. Smith also provides training to employers with reference to employment issues, such as sexual harassment, avoiding employment claims and the benefits of implementing effective policies and training.

Ms. Smith’s experience also includes commercial litigation, including representing clients in contract disputes, theft of trade secrets, securities litigation and products liability matters.

Ms. Smith is a frequent speaker and writer on employment law issues, including managing technology in the workplace, best practices in managing an international workforce, avoiding employment claims, spotting and ending hostile work environments, dealing with government agencies and hiring and firing practices.

During law school, Ms. Smith was a member of the Texas Journal of Business Law and was a regional champion in the National Black Law Student Association’s Thurgood Marshall Mock Trial Competition. She also served as an attorney ad litem in the Children’s Rights Clinic.

Ms. Smith is a member of the Federal, Texas and Houston Bar Associations. Ms. Smith was named a 2010 and 2011 “Rising Star” by Texas Monthly and Texas Super Lawyers—Rising Stars Edition, published by Law & Politics Media, Inc. In 2010 and 2011, Ms. Smith was named in Who’s Who in Black Houston.