In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke colleague Carlin McCrory, co-host of the Payment Pros podcast. Together, they explore the emerging world of earned wage access (EWA), or on-demand pay, through the lens of the entrepreneurial reality TV show Shark Tank. The conversation examines the Consumer Financial Protection Bureau’s shifting approach, rapidly developing (and sometimes conflicting) state laws, and the wage and hour and payroll challenges that can arise when employees access their pay early. They also discuss how EWA can be a powerful recruitment and retention tool, the risks of turning a benefit into a “loan in sheep’s clothing,” and practical steps HR and in-house counsel can take when vetting vendors or considering in-house EWA programs. Tune in to see if EWA is the kind of pitch your HR “sharks” should back — or one that ought to be met with, “And for that reason, I’m out.”
Podcasts
Lords, Ladies, and Labor Laws: Downton Abbey and the Modern Employer
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter swap the halls of corporate America for the grand corridors of Downton Abbey, using the beloved British period drama to unpack the real‑world differences between U.S. and UK employment law. Joined by London‑based labor and employment partner Nick Elwell‑Sutton, they use iconic Downton storylines to discuss key points of UK employment law, from redundancies to mandatory leave and rest periods, and evolving discrimination protections. The conversation also covers the UK’s low threshold for disability accommodation and the duty to make “reasonable adjustments,” strict GDPR‑driven rules around privacy and employee data, and the differences between U.S. at‑will employment and UK contract‑based rights. Tune in for practical, jurisdiction‑specific insights on how multinational employers can navigate hiring, firing, and everything in between on both sides of the Atlantic — without ending up with a legal drama worthy of the Crawleys.
From Prime Time to WARN Time: Reality TV Rules for Real-World Employee Separations
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter trade the drama of reality TV for the real-life stakes of employee separations, using shows like The Bachelor, The Great British Bake Off, Top Chef, and The Voice as a lens to discuss layoffs, terminations, and RIFs. Joined by Lauren Tilashalski, senior associate general counsel at Global Payments, they unpack how employers can move beyond “gut feel” eliminations to legally compliant, people-centered processes. The conversation highlights how thoughtful planning, clear messaging, and empathy can turn a potential PR and morale crisis into a more orderly transition for both departing employees and those who remain. Tune in to learn how to balance legal risk, business needs, and human impact once the “final rose” has been handed out in your workplace.
Hidden in Plain Sight: Human Trafficking, Compliance, and Corporate Accountability
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by Meg Kelsey, director of the Center for Global Justice at Regent University School of Law, to explore how human trafficking and forced labor can be hiding in plain sight in today’s workplaces and supply chains. Using a storyline from the Emmy Award‑winning medical drama The Pitt as a jumping‑off point, they unpack the laws prohibiting human trafficking that employers need to know about, break down common red flags employers might miss, and discuss why vulnerable workers are especially at risk. Tune in for practical guidance on implementing trauma‑informed HR practices, strengthening supply chain due diligence, and empowering your organization to identify, report, and prevent human trafficking.
Cuts, Choreography, and Coaching: What America’s Sweethearts Teach Us About Performance Management
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.
The Corporate Mockingbird: When Governance, Culture, and Conscience Collide
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.
Beyond the Dream Heist: Inside Today’s Corporate Espionage Threats
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.
The Jolly Roger Meets the Jobsite: A Workers’ Compensation Voyage
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.
From Suits to Statutes: A US Employer’s Guide to Canadian Employment Law
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.
Teamwork Under Pressure: Workplace Leadership Lessons From Saving Private Ryan
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.