Hiring to Firing Podcast

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore eDiscovery processes and procedures with Alison Grounds, founder and managing partner of eMerge. Learn about the importance of eDiscovery in litigation, the shift from paper to digital discovery, and the complexities of managing electronic data. Alison offers practical tips on preserving evidence, leveraging AI, and navigating the challenges of use of personal devices for business purposes. Tune in to learn about managing electronic data and avoiding common mistakes in the eDiscovery process.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the classic movie 9 to 5 and its critique of workplace inequities. Joined by wage and hour reporter Daniela Porat from Law360, they share insights on the evolution of wage and hour laws, pay transparency, salary history bans, and the ongoing fight for gender equality in the workplace. Tune in for a thought-provoking discussion on workplace equality and practical tips to help employers comply and keep up with the ever-changing legal landscape in this area.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke partners, Austin Padgett and Rusty Close, who host the No Infringement Intended podcast. Together, they explore the intersection of intellectual property (IP) and employment law through the lens of the movie The Social Network. They discuss works made for hire, the impact of the Defend Trade Secrets Act, and the challenges employers of all sizes face in protecting their innovations and the inventions their employees create on their behalf. Discover the critical lessons learned from real-life IP disputes, the importance of proper documentation, and best practices for protecting your company's ideas.Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

AI is unavoidable these days. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter delve into what employers need to know about it, joined by their Troutman Pepper Locke partner, Brett Mason, who hosts The Good Bot podcast focusing on the intersection of AI, health care, and the law. They discuss the transformative potential and inherent risks of AI in the workplace, along with some lessons from the movie I, Robot, including how employers (and their employees) are using AI, as well as the potential legal risks associated with it, including discrimination, attorney-client privilege, and data privacy considerations. Tune in to learn about the latest developments in AI, the importance of understanding AI systems, and how to mitigate risks associated with their use in employment settings.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the intriguing intersection of reality TV and employment law. Joined by Troutman Pepper Locke Labor and Employment Partner Richard Reibstein (author of the popular Independent Contractor Misclassification & Compliance blog), they explore the lawsuit alleging that contestants on the hit Netflix reality series Love Is Blind have been misclassified as independent contractors instead of employees — and the real-life implications for other production companies as well as companies in other industries. Tune in for an insightful discussion that ‎blends legal expertise with the drama of reality television.‎Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

It seems that even celebrities are not immune from workplace claims. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke employment law partner, Sara Longtain, to discuss the movie It Ends With Us and the real-life lawsuits sparked by it. Tune in as the trio discusses alleged conduct that occurred on set and in the marketing of the film, resulting in lawsuits filed by Blake Lively for sexual harassment and Justin Baldoni for defamation. The conversation focuses on what employers can take away from this competing litigation, including the importance of harassment policies, best practices for avoiding retaliation claims, and how to combat the use of social media as a tool for misconduct. This episode is sure to be interesting for employers in all industries.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the dynamics of teamwork, using the beloved characters Sully and Mike Wazowski from Monsters, Inc. as prime examples. Joined by Emily Golden, founder and CEO of Golden Resources, they delve into the characteristics of effective teams, including the importance of clear communication, shared goals, and emotional intelligence. They also discuss strategies to foster effective teamwork among employees. Tune in for an engaging discussion on building strong, collaborative teams and the lessons we can learn from our favorite animated monsters.Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

Workplace diversity, equity and inclusion (DEI) programs face more scrutiny than ever after President Trump's recent Executive Order targeting DEI policies and programs across the federal government, in private industries that do business with the federal government, and in the private sector generally. In this episode of Hiring to Firing, hosts Emily Schifter and Tracey Diamond discuss the evolving DEI landscape. Joined by their colleague Nicole Edmonds, DEI Committee Chair at Troutman Pepper Locke, they explore the impact of recent Supreme Court decisions on DEI initiatives, the rise of reverse discrimination claims, and practical steps employers can take to foster an inclusive work environment. Tune in for a thoughtful discussion on navigating DEI opportunities and challenges in today's evolving legal landscape.Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of Hiring to Firing, hosts Emily Schifter and Tracey Diamond explore the art of giving and receiving feedback in the workplace. Joined by Tara Weintritt from the Wicker Park Group, they discuss the importance of creating a culture of feedback, best practices in giving and receiving feedback, and the value of specificity and data in measuring and evaluating performance. Listen as Harry Potter favorites Professor Severus Snape, Professor Albus Dumbledore, and Hermione Granger help illustrate effective and ineffective feedback practices, providing practical tips for managers and employees alike. Tune in to learn how to enhance your feedback skills and foster a more productive and supportive work environment.Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

'Tis the season for workplace holiday celebrations! In this festive episode of Hiring to Firing podcast, hosts Tracey Diamond and Emily Schifter are joined by guest Brett Schwab, corporate counsel at D&H Distributing, to delve into the intricacies of office festivities and celebrations. From unforgettable office party tales to crucial legal compliance issues and best practices, this episode has it all. Tune in for practical tips and entertaining anecdotes inspired by Office Christmas Party and Love Actually to help ensure your workplace holiday festivities are merry and bright, and not an HR headache. Happy holidays from the Hiring to Firing team!

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter delve into the critical topic of succession planning, drawing parallels with the popular TV show Succession. Joined by Jan Levine, an experienced attorney and executive coach, they discuss the importance of succession planning and its role in ensuring business continuity and leadership growth and development. The conversation covers managing transitions and practical steps for effective implementation of a succession plan, offering valuable insights for leaders and organizations.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of Hiring to Firing, Tracey Diamond and Emily Schifter explore the challenges and benefits of managing a multigenerational workforce, inspired by the movie The Intern. Joined by Naomi Barnett and Elizabeth Stephens from REPAY, they discuss the importance of avoiding stereotypes and fostering a culture of open communication and respect. Listen in for valuable insights and best practices for employers to use in navigating workplaces filled with four generations of workers.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In the final episode of the three-part Hiring to Firing pre-election series, hosts Tracey Diamond and Emily Schifter continue to explore the various facets of leadership with Jennifer Dubrow Weiss, CEO of the Jewish Federation of Southern New Jersey. Drawing parallels with the iconic TV show The West Wing, the episode explores how leaders can navigate competing pressures, foster collaboration, and inspire their teams. Tune in for an engaging conversation that blends real-world leadership challenges with timeless lessons from President Bartlett and his team.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In part two of the three-part Hiring to Firing series, host Tracey Diamond and new co-host Emily Schifter dive into the complexities of managing employees' political beliefs and discourse in the workplace, just in time for the upcoming election. Join Tracey and Emily as they welcome Trisha Earls from The Hawkins Firm to discuss best practices for maintaining a professional environment amidst political fervor. With engaging clips from the iconic TV show Mad Men, the conversation explores the legal and practical implications of political speech at work, the importance of an open company culture, and strategies for fostering a respectful and inclusive workplace.Plus, Tracey shares an important announcement about the podcast's future as we bid farewell to co-host Evan Gibbs and welcome Partner Emily Schifter to the team.Tune in for insightful discussions, expert advice, and actionable tips to help you navigate the intersection of politics and employment law.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and new co-host Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

As the nation awaits the 2024 presidential election and its outcome, Hiring to Firing podcast introduces a three-part series focusing on key issues top of mind for company executives: inspirational messaging and managing political discourse in the workplace. In this first episode, hosts Tracey Diamond and Evan Gibbs discuss lessons learned from the beloved TV character, Ted Lasso. Joined by Steve Lewis, former chairman of Troutman Pepper, they explore the parallels between good parenting and effective leadership, emphasizing the importance of optimism, curiosity, and team collaboration. Steve shares his journey from practicing attorney to leading a top 50 law firm, offering insights on navigating a major merger during the pandemic. Tune in for practical wisdom on fostering a positive and productive workplace culture.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs dive into international waters with Annalisa Reale, a Labor and Employment partner of the Chiomenti Law Firm in Milan, Italy. Inspired by season two of the popular TV show, White Lotus, set in Taormina, Sicily, Annalisa shares insights from representing Italy's luxury fashion and hospitality clients in employment issues. Listen in as the group examines the differences between Italian and U.S. employment laws, touching on the evolving issue of enforceability of noncompete agreements across the world.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Troutman Pepper's Chief Human Resources Officer Shana Beldick to discuss the appropriate use of emojis in professional settings. In an era where digital communication has become a fundamental part of daily life, the three explore the use of emojis to promote efficiencies at work, the risks of miscommunication, and the generational divide as to whether emoji usage is considered a professional form of communication. They also touch on the broader implications of digital communication in today's remote and hybrid work environments and discuss best practices for maintaining professionalism while fostering connection and humor in the workplace.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs chat with guest Stacey Chazin, founder and principal of I-Factor Leadership, about motivating introverts in the workplace. Featuring clips from some of their favorite TV and movie introverts — Peter Parker in Spider-Man, Milton in Office Space, and Sheldon in Big Bang Theory — the episode features an insightful discussion on what makes introverts tick, how they can succeed in an extroverted work environment, and practical tips for managers to support introverted employees. Whether you're an introvert, extrovert, or somewhere in between, this episode offers valuable insights into understanding and leveraging your employees' natural preferences for greater success at work.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in the highly regulated cannabis industry and reflect on the evolution of the industry, highlighting its unexpected sophistication and the challenges of compliance with various laws. Tune in for a unique discussion featuring clips from Dave Chappelle's Half Baked.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law.

In this episode of Hiring to Firing, hosts Tracey Diamond and Evan Gibbs delve into the complexities of employing foreign workers with special guest Robert Lee, partner at Troutman Pepper who leads the firm's immigration practice. Listen as they discuss various work visas and legal compliance issues involving business immigration. The episode also explores the real-life implications of visa denials and the process of marriage-based citizenship, featuring clips from the popular film, The Proposal, starring Sandra Bullock and Ryan Reynolds.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Terri Gillespie, general counsel at Stateside Brands, a family-run business. The three draw parallels from the popular TV series, Modern Family, and share their own personal experiences working with family members. Join us for an engaging conversation, offering practical advice on how to navigate the unique challenges of working with family while making the most of its benefits.Troutman Pepper's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs, along with Erin Cannon, director of diversity, equity, and inclusion (DEI) at Troutman Pepper, draw parallels between the popular reality TV show Big Brother to discuss the future of corporate DEI programs after the U.S. Supreme Court's decision in Students for Fair Admissions v. Harvard. They discuss the benefits of affinity groups, the importance of allyship, and the significance of focusing on inclusion and belonging in the workplace.The Troutman Pepper Labor + Employment Practice Group regularly issues advisories, offering timely insights into the evolving employment law landscape. We also maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Furthermore, our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm's Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden leave. What are the pros and cons of having employees sit on the bench? What is the difference between garden leave and noncompete agreements? Tune in for an engaging dialogue on this unique aspect of employment transition.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs navigate the evolving landscape of employee sick days in a post-COVID-19 workplace. Special guest Lisa Whittaker, director and managing counsel, employment and labor law at The J.M. Smucker Co., joins them for a humorous discussion of the use and abuse of employee sick days, using clips from the popular TV show, Parks and Recreation. Tune in for an insightful discussion!The Troutman Pepper Labor + Employment Practice Group regularly issues advisories, offering timely insights into the evolving employment law landscape. We also maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Furthermore, our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale, chief human resources officer at Pritchard Industries, who shares her expertise on structuring effective trainings for her employees. Listen as the group explores how to capture their audience's attention and drive home important messages in an engaging way.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with fellow Partners Sheri Adler and Mary Weeks, chat about the ultimate whistleblower — police officer Frank Serpico — and the SEC's recent crackdown on whistleblower provisions in employment and separation agreements. Listen in as the group shares a top 10 list of drafting tips to ensure compliance.The Troutman Pepper Labor + Employment Practice Group regularly issues advisories, offering timely insights into the evolving employment law landscape. We also maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes, drawing inspiration from the movie Erin Brockovich, and explores the intersection of personal style and professional expectations. As a bonus, the trio also share their most embarrassing fashion faux pas!Tune in for a lively and enlightening conversation about navigating the world of workplace fashion.The Troutman Pepper Labor + Employment Practice Group regularly issues advisories, offering timely insights into the evolving employment law landscape. We also maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Furthermore, our HiringToFiring Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs are joined by Marie Latoff, president and founder of Verita, LLC, a firm specializing in workplace investigations. Drawing parallels from the movie Minority Report, they discuss best practices and pitfalls to avoid when conducting workplace investigations.Tune in for an engaging and informative discussion about navigating the investigation process.The Troutman Pepper Labor + Employment Practice Group regularly issues advisories, offering timely insights into the evolving employment law landscape. We also maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Furthermore, our HiringToFiring Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Carol Cookerly, founder of Cookerly PR, a national marketing, PR, and crisis management firm. Drawing parallels from the TV show, Ozark, they explore how strategic planning and quick decision-making can effectively manage workplace crises.Listeners can anticipate a thought-provoking conversation on the importance of crisis management in maintaining a healthy work environment, guarding against potential reputational damage, and fostering a culture that encourages resilience and adaptability.Tune in for an enlightening discussion on anticipating and handling crisis situations effectively.The Troutman Pepper Labor + Employment Practice Group regularly issues advisories, offering timely insights into the evolving employment law landscape. We also maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Furthermore, our Hiring to Firing Podcast, hosted by Tracey Diamond and Evan Gibbs, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Fawn Collingwood, VP of Human Resources at United Safety, about the essence and importance of "grit" in the workplace. With clips from the classic movie, A League of Their Own, they explore how resilience, determination, and teamwork can shape a modern work environment.Listeners can anticipate thought-provoking conversations around the importance of grit in overcoming professional obstacles, fostering a robust workforce, and cultivating an environment that encourages tenacity and perseverance.This episode is sure to inspire, motivate, and challenge your perceptions of grit in the workplace.Labor and Employment Seminar:Interested in learning more about the latest developments in labor and employment law? Join us at our upcoming Labor and Employment Seminar in Atlanta and Philadelphia. Click here to register and learn more.

Building on the foundation laid in the first episode, the second installment of this series uses additional examples from the TV show The Office to delve deeper into the intricacies of noncompetes. This time, Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Labor + Employment Partner Matt DelDuca and Employee Benefits + Executive Compensation Partner Jim Earle to focus on the concept of "forfeiture for competition." Key points that were highlighted include:The relationship between typical noncompete provisions and forfeiture for competition clauses.The potential consequences for breach of a forfeiture for competition provision.Legal considerations and best practices for employers and employees.This episode provides a more detailed look at noncompetes and forfeiture for competition clauses, offering valuable insights for employers dealing with these issues.Regardless of your familiarity with the subject, "Navigating Noncompetes: A Comprehensive Guide" offers valuable insights and perspectives.

In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partners Constance Brewster and Jim Earle to discuss the popular TV series, The Office, and the basics of noncompetes, their legal implications, and their role in the modern business world, all while drawing interesting parallels to situations from the TV series. Key topics covered include:The purpose and function of noncompete agreements.The legal framework surrounding noncompetes.The enforceability of noncompetes and factors that courts consider.The potential impacts of noncompetes on employees and employers.This episode serves as a primer for anyone seeking to understand the complexities of noncompete agreements, from employers considering implementing them to legal professionals advising clients on their use.In case you missed it, listen to "Navigating Noncompetes: A Comprehensive Guide – Part 2."

Explore the complex intersection of agency inquiries and workplace confidentiality in this episode of the Hiring to Firing Podcast. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partner Abbey Hazlett to delve into the challenging decisions employers face when agents come knocking, seeking information about purported criminal activity by the company or an employee.The discussion is sparked by the popular TV series Real Housewives of Salt Lake City, and the real-life implications when an employee is arrested and implicated in a criminal scheme. How should the company respond when an agent shows up at the reception desk? What confidentiality issues are at play? What documentation should an employer request from law enforcement agencies?This episode provides insights for companies navigating these complex scenarios. Don't miss out - subscribe to the Hiring to Firing Podcast and stay abreast of all matters related to the ever-evolving world of employment law.

Are your employees consistently taking extended lunch breaks? Are they frequently absent or keeping their cameras off during video conferences? If so, they might be "moonlighting" while on the clock. Listen in as Partners Tracey Diamond and Evan Gibbs chat with Exelon Business Services Company Assistant General Counsel Amy Bashore about the popular movie Julie and Julia, the risks associated with moonlighting, how employers can effectively monitor moonlighting within their organizations, and if gas stoves are better than electric.Tune in to this insightful episode and don't forget to check out our previous episodes. Subscribe now to the Hiring to Firing Podcast and stay updated on all things related to the dynamic world of employment!

Companies can profit off their top employees by using their name, image, and likeness. However, there are limitations on an employer's rights to do so. Troutman Pepper Partners Tracey Diamond and Evan Gibbs chatted with fellow Partner Cal Stein about the popular movie Air and the implications surrounding employee name, image, and likeness.Hear all this and more in Episode 23 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

For better or worse, generative AI is everywhere. Many companies are asking themselves: "Do we run from it or embrace it? What role can generative AI play in the workplace, and what should we do to stay ahead of the curve?"Partners Tracey Diamond and Evan Gibbs hosted their first ever video recording of Hiring to Firing in front of a live audience at Troutman Pepper's Inaugural Private Equity Perspectives Summit. Watch the video or listen in as they discussed the movie The Matrix with Alison Grounds, founder and managing partner of Troutman Pepper eMerge and the firm's Generative AI Task Force leader, The team chatted about the risks and benefits of generative AI and guardrails your organization should consider putting in place.

Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman Pepper Partner Chris Willis about the popular movie Office Space, employee misconduct and creative uses of technology to protect against corporate theft.Hear all this and more in Episode 21 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

High performers are crucial to organizational success but often are accompanied by challenges and sometimes even legal risks. Listen in as Partners Tracey Diamond and Evan Gibbs chat with Shiftsmart Senior Vice President of Operations Kyle Smialek about the popular movie Top Gun Maverick and creative ways to get the best out of high performers.Hear all this and more in Episode 20 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

What effects can employee burnout have on your company? Does your productivity, work product, and overall employee morale suffer when there is employee burnout? Can employee burnout lead to safety issues and a potential lawsuit? Listen in as partners Tracey Diamond and Evan Gibbs chat with Southern CompanyAssociate General Counsel Kristie Klein to talk about the popular Netflix TV show Beef, the soothing effects of puppies, and creative ways to avoid employee burnout.Hear all this and more in Episode 19 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

What does your management style say about you? Do you demand perfection from your team? Is perfectionism a double-edged sword? Partners Tracey Diamond and Evan Gibbs sit down with Elise Holtzman, founder of The Lawyer's Edge, to talk about the classic movie, The Devil Wears Prada, and the difference between pursuing perfectionism and pursuing excellence.Hear all this and more in Episode 18 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

Sometimes it's not what you say, but how you say it.  What's the best approach to managing and getting the most out of your employees? Are there gender and generational challenges to administering performance management effectively?  Is communication and training the answer? Partners Tracey Diamond and Evan Gibbs sat down with Laura Yehuda, a Principal with Ernst & Young LLP's People Advisory Services, to talk about the popular TV show, The Bear, hoagies versus subs, and best practices when delivering performance messages.Hear all this and more in this episode of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

How do you determine when an employee is impaired at work? How do you detect drug use in a remote work environment? When can you ask an employee to take a drug test?  Partners Tracey Diamond and Evan Gibbs sat down with Squarespace Senior Counsel Larissa Boz to talk about the popular Max series Industry and managing employee performance and drug use.Hear all this and more in Episode 16 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

Most companies know that they can't demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with CyberRisk Alliance VP of People Ying Wong to talk about the popular Netflix show Partner Track, workplace diversity, and unconscious bias.Hear all this and more in Episode 15 of the Hiring to Firing Podcast! Check out all of our previous episodes and subscribe now.

What risks do companies face for failing to timely and sometimes appropriately investigate workplace complaints? In the first video recording of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with DS Smith General Counsel for North America Josh Burnette to talk about the popular Netflix show Monster: The Jeffrey Dahmer Story and workplace whistleblowing complaints. Hear all this and more in Episode 14 of the Hiring to Firing Podcast!

What responsibilities do managers and coworkers have to prevent or stop harassment in the workplace? Is silence just as bad as the harassment itself? Partners Tracey Diamond and Evan Gibbs sit down with Megan Bigelow, assistant general counsel at Sonesta Hotels, to talk about the popular Apple TV series The Morning Show and harassment in the workplace. Hear all this and more in Episode 13 of the Hiring to Firing Podcast!

George Costanza was the master at "quiet quitting" — the latest term for employees who do the bare minimum. Have your employees joined this trend? Is production down in the office? Partners Tracey Diamond and Evan Gibbs sit down with Paradies Lagardere litigation and compliance attorney Rebecca Silk to talk about the popular TV series Seinfeld and the quiet quitting trend. Hear all this and more in Episode 12 of the Hiring to Firing Podcast!

What could possibly go wrong with firing employees for having "bad energy" or not being "a good fit?" Join Partners Tracey Diamond and Evan Gibbs as they sit down with Fulton Bank Director of Organizational Effectiveness Allison Snyder to talk about the Apple TV+ series WeCrashed and the perils of these types of firings — including what happens when there's a lack of professionalism and ethics in the workplace. Hear all this and more in Episode 11 of the Hiring to Firing Podcast!

How does a company keep its trade secrets secret? What can companies do to protect their confidential information? In Episode 10 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sat down with Tangibly CEO Tim Londergan and Troutman Pepper Partner Will Taylor to discuss the hit TV show Severance and how it relates to best practices in dealing with trade secret theft and protecting confidential information. Tune in for a lively discussion!

Should you be friends with your coworkers outside of work? What should employers consider when they learn about a relationship outside of the workplace? In Episode 9 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Matt Leeth, executive vice president of legal affairs at Jushi Holdings, Inc., to discuss an episode of the TV series The Office, and best practices in dealing with relationships outside of the workplace. Tune in for a lively discussion!

What should employers do when they learn about harassment in the workplace? In Episode 8 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Leah Katz sit down with Sarah Goncher, deputy general counsel of operations for a regional health care provider, to discuss the TV series Succession and best practices in dealing with workplace harassment. Tune in for a lively discussion!

How do office romances affect the workplace? What should employers consider when they learn of an office romance? In Episode 7 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Michelle Rice, senior corporate counsel, labor and employment at Yelp, to discuss the movie The Hating Game and best practices in dealing with office romances. Tune in for a lively discussion!