Contact Information

stacey.smiricky@FaegreBD.com311 S. Wacker Drive, Suite 4400
Chicago, Illinois 60606-6622
T: +1 312 212 6525
F: +1 312 212 6501

Education

Northern Illinois University School of Law
J.D., cum laude (2002)
University of Iowa
B.A. (1999)

Court Admissions

U.S. Court of Appeals for the Seventh Circuit U.S. District Court for the Central District of Illinois U.S. District Court for the Eastern District of Michigan U.S. District Court for the Eastern District of Wisconsin U.S. District Court for the Northern District of Illinois U.S. District Court for the Northern District of Indiana U.S. District Court for the Southern District of Illinois

Stacey L. Smiricky

Partner

Stacey Smiricky is a partner in the firm's labor and employment group. She focuses her practice on employment litigation and commercial disputes and litigation, as well as counseling clients regarding proper employment practices and risk management.

Stacey has significant experience in employment litigation and other labor matters. She has advised clients on hiring, discipline and termination procedures and assisted with employee dishonesty, sexual harassment and other employment-related investigations. Stacey has also prepared numerous employment documents for clients, including policies and procedures, handbooks, contracts, non-compete agreements and confidentiality agreements. When employers have faced litigation, Stacey has represented them in various matters involving discrimination, sexual harassment, retaliation, the FMLA, breaches of contract, restrictive covenants and confidential information, trade secret misappropriation, tortious interference, insurance coverage and wrongful discharge. She has prosecuted and defended injunctions based on restrictive covenants in employment contracts. Stacey also handles general litigation matters concerning breaches of fiduciary duty, the Uniform Commercial Code, the Fair Credit Reporting Act and contract disputes.

Stacey has written articles on a variety of topics important to employers, including background checks, employer investigations, sexual harassment, ADA, continuing coverage under COBRA and state law, retaliation issues, FMLA claims, employee classification under wage-hour law, employee handbooks, arbitration provisions and restrictive covenant enforcement. She has also prepared and presented training sessions on topics such as workplace harassment, Fair Labor Standards Act and the application of federal and state discrimination laws in the workplace.

Before joining Faegre Baker Daniels, Stacey was a partner in the employment and labor group of Wildman, Harrold, Allen & Dixon.

Representative Experience

  • Represented private employers at state and federal agencies and in federal and state court litigation in all aspects of employment law, including discrimination, sexual harassment, wage and hour claims, whistleblower, wrongful discharge, family leave, equal pay, workers' compensation and employee dishonesty matters
  • Represented employers in temporary and preliminary injunction actions against former employees and the employees' new employers
  • Represented employers in class and collective actions involving wage and hour disputes under the Fair Labor and Standards Act, the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act
  • Represented employers in breach of contract, discrimination, sexual harassment, retaliation, UCC and breach of fiduciary duty cases
  • Counseled clients regarding proper employment procedures related to hiring, discipline and termination
  • Conducted extensive investigations for employers on issues such as employee dishonesty, harassment, discrimination, improper use of company property and misappropriation of confidential information

Honors

  • Northern Illinois College of Law — National Competition Trial Advocacy Team

Professional Associations

  • Illinois State Bar Association
  • Illinois Chamber of Commerce
  • Faegre Baker Daniels Diversity & Inclusion Advisory Group

Civic Activities

  • Coordinated Advice and Referral Program for Legal Services (CARPLS) — Board Member
  • Chicago Lawyers' Committee for Civil Rights Under the Law — Volunteer
  • Geneva Chamber of Commerce — Member

Presentations

  • Social Media in the Workplace
    Illinois Chamber of Commerce Webinar, April 3, 2013
  • Social Media in the Workplace
    Indiana Chamber of Commerce Annual Employment Law Seminar, March 21, 2012
  • Demystifying the Female Super Lawyer: Perspectives on Balancing a Career, a Family and Life
    Northern Illinois University, February 25, 2012

Published Articles

  • State Employment Law Summaries for Illinois
    Author, XpertHR, ReedElsevier.com, 2012
  • Supreme Court Sharpens "Cat's Paw" Liability
    The Corporate Counselor, Volume 26, Number 1, May 2011
  • 2009 BNA Supplement for Family Medical Leave Act Treatise
    Contributing Editor, Bureau of National Affairs, Inc., 2009
  • 2008 BNA Supplement for Family Medical Leave Act Treatise
    Contributing Editor, Bureau of National Affairs, Inc., 2008
  • 2007 BNA Supplement for Family Medical Leave Act Treatise
    Contributing Editor, Bureau of National Affairs, Inc., 2007
  • Conflict Preemption Bars Application of Illinois Common Fund Doctrine
    Defense Research Institute Life, Health and Disability News, Fall 2003
  • 2000-2001 Seventh Circuit Case Synopsis
    National Academy of Arbitrators Committee on Law & Legislation, 2001 (Preparation Assistant to Marvin Hill, Jr.)

Related Practices

Employment Counseling & Compliance
Employment Litigation
Federal & State Employment Laws & Regulations
Human Resources Advice & Training
Labor & Employment
Labor Regulation
Leave & Disability Management
Litigation & Advocacy
Regulatory
Social Media Counseling & Guidance
Trade Secrets Litigation

Media Mentions

04-April-2012 - Stacey Smiricky Gives Advice to Future Lawyers at Her Alma Mater
22-August-2011 - Stacey Smiricky Comments on Criminal Background Checks by Employers

Legal Updates

17-December-2012 - Northern District of Illinois Finds Employee Handbook Statements a Sufficient Basis for an Illinois Wage Payment and Collection Act Claim
19-September-2012 - National Labor Relations Board's First Social Media Ruling Strikes Down Employer's Policy as Overbroad
10-September-2012 - Seventh Circuit Reverses Position on Reassignment as an Accommodation for a Disability
04-June-2012 - The Third Time Is a Charm: NLRB Acting General Counsel Issues Third Memorandum on Social Media Issues
30-May-2012 - Governor Quinn Considers Signing Bill Preventing Illinois Employers From Requesting Employees' and Job Seekers' Social Media Passwords
05-December-2011 - Non-Compete Agreements and Legitimate Business Interests: The Illinois Supreme Court Weighs In
11-November-2011 - Employee Terminations: The Seventh Circuit Reminds Employers that Statements From Non-Decision Makers Do Matter

Court Admissions

U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Illinois

Events

21-March-2012 - Faegre Baker Daniels Labor Lawyers Present Problem-Solving Approach
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