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Northern California: 415-402-0084
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Notable Defendant Changes

Cooper v. United Airlines, Inc., ND CA Case No. 13-02870: United Airlines hires an African-American Security Supervisor after Smith Patten files lawsuit.
 
Johnson et al., v. United Airlines, Inc., ND CA Case No. 12-02730: After Smith Patten files a race discrimination in promotion case on behalf of 21 African-American pilots and 2 African American Operations Supervisors, United Airlines implements new promotions practices. Plaintiffs alleged that United refused to post management positions to preclude African Americans from participating in management opportunities. Plaintiffs alleged that this resulted in less qualified non-African Americans getting management positions. After the filing of the lawsuit United is now posting management positions.
 
Cooper v. United Airlines, Inc., ND CA Case No. 13-02870: Caucasian supervisor illegally hired to replace African American Plaintiff resigns after Smith Patten files lawsuit.
 
Bonillas v. United Airlines, Inc., ND CA Case No. 12-06574: Plaintiff who was demoted from his Supervisor position is promoted to Supervisor of Airframe Overhaul after Smith Patten files lawsuit on his behalf.

Favorable Changes In The Law

Weingand v. Harland Financial Solutions: The California Legislature amended the California Labor Code effective January 1, 2014 regarding whistleblower protections consistent with the position advocated by Smith Patten in federal litigation to protect workers who disclose violations of the California Labor Code to their employers.
 
Miller v. Southwest Airlines Co., ND CA Case No. 12-03482: In January 2014 Legislature enacts Labor Section 244 after Court rules that Smith Patten's client was required to exhaust whistleblower claims before Labor Commissioner. This new section provides that it is not necessary for an employee to exhaust administrative remedies in order to bring a civil action for violation of any provision of the Labor Code unless the section under which the action is brought expressly requires exhaustion of an administrative remedy. This will make it easier for lawsuits to be filed against employers.
Spencer Smith

Spencer Smith

Spencer F. Smith has earned a reputation for being one of the top young employment litigators in Northern California. Mr. Smith has settled seven figure cases with Fortune 500 companies. Mr. Smith has also reached six figure settlements with Parsons Brinkerhoff, In-In-Out, and other Fortune 500 companies.

Mr. Smith's practice also includes public sector employment, including the City and County of San Francisco, Contra Costa County, and various municipalities and governmental entities throughout California.

Mr. Smith has successfully argued cases before the Ninth Circuit Court of Appeals and the California Court of Appeals. Mr. Smith has co-counseled with several high profile civil rights firms, serving as adviser and chief strategist in the majority of cases.Now in his own firm, Mr. Smith continues to vindicate employment rights throughout California. In the past two years Mr. Smith has represented a wide range of clients in many different types of situations: whistle blowing, wage-and-hour law, retaliation, sexual harassment, wrongful termination, and gender, disability, race, sexual orientation, and age discrimination. Get in touch with experienced employment lawyer San Francisco, North California.

Admissions

Member, State Bar of California
Admitted, United States Court of Appeals for the Ninth Circuit
Admitted, United States District Court for the Northern District of California
Admitted, United States District Court for the Central District of California
Admitted, United States District Court for the Eastern District of California
Admitted, United States District Court for the Northern District of Illinois General Bar
Admitted, Trial Bar of the United States District Court for the Northern District of Illinois
Admitted, Supreme Court of the United States

Affiliations

Member of NAACP

 

Latest News

February 20, 2014: Wilson. v. United Airlines: In the severed case of Johnson v. United Airlines, after almost three years after the filing of the lawsuit, the Court Orders United Airlines to turn over information regarding where they store electronic information related to promotions.
 
February 5, 2015: Cooper v. United Airlines: Former Police Officer hired at United as Security Officer and promoted to Supervisor of Security Officer after the tragic events of September 11, 2001 sued United Airlines for discrimination in pay and retaliation. Plaintiff alleges that during her time as a Security Officer she was paid less than her male counterparts for similar work. After Plaintiff complained of unfair pay she was quickly demoted from her Supervisor position after over a decade in the position. Plaintiff opposes United's request to preclude a jury from considering her claims.
 
January 23, 2015: Henry v. UCSF: Smith Patten files Reply brief in Appeal involving case wherein a UCSF supervisor hung a noose in the workplace after his African American subordinate blew the whistle regarding illegal conduct of supervisors. An appeal was filed because the District Court found that a jury should not be allowed to decide if UCSF is liable for race harassment and retaliation.
 
January 21, 2015: Veloz v. PG&E: Smith Patten files Reply brief in Appeal involving case wherein PG&E utilized corporate security to follow employee who requested FMLA leave. Smith Patten argues that jurors should not be precluded from reviewing PG&E's use of corporate security for improper covert operations.
 
December 2014: Surbey v. PG&E - Case No.: 13-cv-02402-TEH: PG&E settles lawsuit with whistleblower who was allegedly laid off as part of a reduction in force.
 
December 23, 2014: Bonillas v. United Airlines: Smith Patten responds to United's request that the Court require Smith Patten to remove certain statements about United from its web site.
 
December 9, 2014: Viteri-Butler v. UC Hastings: Smith Patten files Reply Brief in Appeal of District Court's decision to preclude a jury from hearing a former employee's allegations of discrimination in layoffs.
 
December 9, 2014: Newborn-Vincent v. SMUD: African-American employee stripped of her duties after more than 20 years on the job, prevails at Summary Judgment.

Case Updates

Molex v. MUNI
Brown v. FPI Management, Inc.
Hoze v. FPI Management, Inc.
Evans v. FedEx

Latest Results

Perkins v. SMUD
Tinsley v. PG&E
Paul v. PG&E
Favorable Settlement in Multi-Plaintiff
Confidential Executive
Spears v. Contra Costa County
Khristina Hunter v. California