In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the Netflix hit America’s Sweethearts: Dallas Cowboys Cheerleaders as a lens to examine best practices in providing effective employee feedback. Joined by Ann Hart, vice president of human resources at ampliFI Loyalty Solutions, they unpack what the show gets right — and wrong — about challenging performance discussions, from high-stakes cuts from the team to real-time coaching.

For more than 160 years, the False Claims Act (FCA) has been the federal government’s primary tool to combat fraud. In 2025, the U.S. Department of Justice (DOJ) underscored just how powerful — and profitable — the FCA can be, announcing a record-shattering $6.8 billion in government recoveries driven largely by health care fraud cases. Now, the Trump administration is using the FCA as a tool to eliminate what it considers to be illegal diversity, equity, and inclusion (DEI) programs. The question companies should be asking moving into 2026 is whether failure to comply with the Trump administration’s interpretation of civil rights laws presents a new level of risk. Indeed, a new frontier of potential liability under the FCA — with its treble damages and potentially astronomical statutory penalties — may become the future of enforcement.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter revisit Harper Lee’s To Kill a Mockingbird to unpack what corporate governance means for today’s workplace. Joined by Richard Gerakitis, senior advisor at the YMCA of Metropolitan Atlanta and former Troutman Pepper partner, they explore how boards, committees, and leadership set the tone through accountability, transparency, and integrity. Using Atticus Finch, Tom Robinson, and Boo Radley as examples, they examine how bias can undermine even the best‑designed systems and when “moral discretion” might justify bending the rules to protect the vulnerable. The conversation also touches on emerging issues, such as AI oversight, and the critical role HR plays in culture, compliance, and risk management. Tune in for practical insights on how thoughtful governance can turn ethical challenges into opportunities for trust and long‑term stability.

Last month, in Hailey Boyd et al. v. The Boston Beer Co., Inc., D. Mass. 1:25-cv-13618, two former brewery representatives of the Boston Beer Company (Boston Beer) initiated a putative class action for alleged violations of the Massachusetts Noncompetition Agreement Act (MNAA or the Act). The plaintiffs contend that Boston Beer’s noncompete agreements violate the Act’s requirement that noncompetes be supported by “garden leave” payments or other “mutually agreed consideration.” The case may finally provide guidance as to what “or other mutually agreed consideration” suffices to enforce a noncompete agreement in Massachusetts.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the film Inception as a springboard to unpack the very real world of corporate espionage and trade secret theft. Joined by Troutman Pepper Locke partner and former Hiring to Firing co-host Evan Gibbs, co-chair of the firm’s Corporate Espionage Response Team, they examine how insider threats arise in the workplace, the surge in trade secret litigation, and the high‑stakes emergency injunctions that can follow. The conversation offers practical guidance on onboarding and offboarding employees, tightening data security, and training managers to spot red flags before confidential information walks out the door. Tune in to learn how to protect your organization from data theft and avoid becoming the unwitting beneficiary — or victim — of corporate espionage.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the surprising roots and real-world complexities of workers’ compensation law, drawing a playful throughline from pirate “articles” of old, to the movie chain, Pirates of the Caribbean, to today’s patchwork of state laws. Joined by Todd Wachtel, workers’ compensation specialist and partner at Levinson Axelrod, they explore key employer and employee obligations, insurance and reporting requirements, and how classification decisions (employee vs. independent contractor) can make or break coverage. The conversation highlights the interplay between workers’ compensation and OSHA, ADA, and FMLA, common pitfalls and retaliation risks, and practical steps to keep workplaces shipshape. Tune in for actionable takeaways to help employers navigate coverage, compliance, and claims with confidence.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the hit legal drama Suits as a springboard to unpack the key differences — and surprising overlaps — between U.S. and Canadian employment law. Joined by Chris Andree, an employment partner at Gowling WLG, they explore what cross-border employers need to know about Canadian law, from the absence of at-will employment and the requirement of lengthy notice periods, to the high bar for “just cause” for employee terminations. The team also tackles drug and cannabis testing in safety-sensitive roles and generous government-mandated leave entitlements. Tune in for practical takeaways on harmonizing policies, documenting decisions, and partnering with local counsel to help ensure your real-world issues don’t become TV-drama-level crises.

Introduction

California enacted several new employment laws in 2025, including enhanced penalties for wage and hour violations, expanded pay data reporting requirements, broadened sexual harassment protections, stronger pay equity and transparency measures, measures addressing tip theft, restriction of employee loan repayment, expanded time off and use of sick pay benefits…

On October 22, in Nunez v. Syncsort Inc., the Massachusetts Supreme Judicial Court ( SJC) held that retention bonuses are not “wages” under the Massachusetts Wage Act. 496 Mass. 706 (2025). The Nunez decision continues the trend of Massachusetts courts concluding that conditional or contingent compensation falls outside the scope of the Wage Act.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter draw on leadership lessons from the Tom Hanks classic, Saving Private Ryan, to show how military principles can elevate civilian workplaces. Joined by Retired.com VP of Human Resources, Rick Cuellar, Army veteran, they connect military best practices to corporate HR, sharing practical guidance on effective leadership, crisis management, and training. Tune in for actionable takeaways, including crisis readiness frameworks, compliance insights on military leave and caregiving, and strategies for meaningful veteran support.