Hiring to Firing Podcast

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their colleague Chris Capurso, counsel in the firm's Financial Services group, to explore background checks and hiring verification through the lens of the 2002 film Catch Me If You Can. Using clips from the movie, they examine how Frank Abagnale Jr.'s ability to project confidence and impersonate professionals raises timely questions about distinguishing genuine competence from a convincing performance, especially as AI tools make it easier for candidates to polish resumes, ace interviews, and complete assessments. The conversation covers the Fair Credit Reporting Act's often-misunderstood scope, the role of consumer reporting agencies, the technical pre-adverse action requirements unique to employment screening, and the growing patchwork of state and local background check laws. Tune in for practical guidance on building thoughtful, consistent, and legally compliant hiring processes that go beyond a candidate's first impression.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore some of the unconventional forms of leaves of absence that employees are increasingly requesting in today's workplace. Joined by Kate Puccio, deputy general counsel and vice president of people at EMR USA Metal Recycling, they examine the emerging concepts of "heartbreak leave" for employees navigating romantic breakups and "pawternity leave" for those welcoming or grieving a pet. The conversation covers the legal landscape of existing leave obligations under the FMLA, ADA, and various state and local laws, while tackling the practical challenges employers face when considering these unconventional benefits — from documentation hurdles and abuse prevention to the growing administrative burden of multijurisdictional compliance. Tune in for a lively and insightful discussion on how employers can build empathetic, flexible workplace cultures while keeping their leave policies manageable and legally sound.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by Josh Gelfand, Troutman Pepper Locke partner from the firm's Employee Benefits and Executive Compensation practice group, to break down the nuts and bolts of executive employment agreements through the lens of high-profile college football coach departures. Using real-world examples — including Jimbo Fisher's record-breaking $76 million buyout from Texas A&M, Mel Tucker's for-cause termination at Michigan State following misconduct allegations, and LSU's ultimately unsuccessful attempt to fire Brian Kelly for cause — the conversation unpacks how provisions like termination for cause, good reason resignations, severance structures, and equity arrangements play out when the stakes are highest. Tune in to gain practical insights into how these contract terms are negotiated, drafted, and disputed, and what lessons everyday executive agreements can draw from the headlines.

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In this special crossover episode of Hiring to Firing and The Consumer Finance Podcast, hosts Tracey Diamond and Emily Schifter shift from their usual format and team up with Taylor Gess as they map out obligations hiding in plain sight for multistate financial services employers. The conversation covers crafting a legally defensible employee handbook, pay transparency complexities, and wage and hour classification risks. Together, they deliver guidance for banks, fintechs, lenders, and card issuers operating across state lines, in addition to addressing the thorny intersection of earned wage access, remote workers, and the rapidly evolving assortment of AI hiring laws. It is the episode every financial services employer should hear before their next hire, expansion, or employment compliance review.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter take a close look at the legal landscape surrounding company retreats, inspired by the workplace antics on display at Rockin’ Grandma’s Hot Sauce company retreat in the hidden camera series “Jury Duty Presents: Company Retreat.” Joined by Rachel Keene, vice president and assistant general counsel at Accolade, they discuss key considerations for employers when planning an off-site event. The conversation highlights the benefits of retreats for morale, team building, and connection against the very real risks that emerge when professional boundaries begin to blur. They unpack how “mandatory fun” can create real legal exposure, from harassment concerns to employee injuries and wage-and-hour pitfalls that employers often overlook in the excitement of planning. Whether you are a seasoned HR professional or a manager planning your first company outing, this episode provides practical guidance on designing retreats that build culture while minimizing legal risk. 

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter examine the evolving issue of weight discrimination in the workplace. Joined by Lynne Wakefield, a partner in Troutman Pepper Locke's Employee Benefits and Executive Compensation practice group, they draw on the medical drama The Pitt to discuss obesity, workplace bias, and legal protections. The discussion explores whether weight or obesity may be protected under federal, state, and local anti-discrimination laws, including the unsettled analysis under the Americans with Disabilities Act. They also address key employee benefits considerations surrounding GLP-1 weight-loss drugs. The episode offers practical guidance for employers navigating this complex intersection of workplace fairness and health benefits.

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.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter examine the growing threat of AI deepfakes in the workplace through the lens of The Morning Show. Joined by Lawrence Cameron, Troutman Pepper Locke partner in the firm's White Collar Litigation + Investigations group, they explore how AI-generated audio, video, and images can create new risks for employers, from fraud and disinformation to harassment, discrimination, and internal investigations. The conversation highlights the challenges employers face in determining what evidence is real, how deepfakes can complicate workplace misconduct investigations, and why companies should stay vigilant as the technology continues to evolve. Tune in for insights on how employers can prepare for deepfake-related incidents, respond appropriately when they arise, and better protect their workplaces in an era where seeing and hearing may no longer be believing.

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.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter revisit the series Emily in Paris to explore what happens when American work habits meet French employment law. Joined by guest Fabienne Haas, a partner at the leading French law firm August Debouzy, they unpack the cultural and legal challenges an American "Emily" might face in Paris — from strict limits on after-hours emails and mandatory vacation, to France's approach to overtime, layoffs, and the use of contractors and employers of record, offering a candid comparison to the more flexible, at-will U.S. system. The conversation also takes on romance in the "City of Love," privacy expectations, and France's robust harassment and investigation requirements. Tune in to hear how multinational employers can avoid missteps, manage cross-border workforces, and adapt their U.S. playbook before it collides with French law.

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.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use a dark comic sketch from Inside Amy Schumer as a starting point for a serious conversation about antisemitism in the workplace. Joined by Andrew Goretsky, senior regional director of the Anti-Defamation League (ADL) in Philadelphia, they unpack how antisemitic stereotypes, microaggressions, and overt hostility show up on the job, and explore recent ADL research on discrimination against Jewish and Israeli job applicants. The discussion also examines the evolving legal landscape under Title VII, the impact of AI-driven hiring tools on protected groups, and practical steps employers can take to build workplaces that are safer and more inclusive for all employees. Tune in for a thoughtful, candid look at how organizations can recognize, prevent, and respond to antisemitism at work.

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by Paul White, a partner at Resolution Economics, to demystify the world of expert witnesses in employment matters. Using memorable clips from My Cousin Vinny, Legally Blonde, and The Big Short, they explore what it really means to be an “expert,” how courts evaluate expert qualifications and methodologies, and the tactics attorneys use to challenge or bolster expert testimony. The conversation examines the crucial role experts play in damages calculations, wage and hour disputes, discrimination and pay equity audits, and emerging AI bias reviews, while highlighting why clear, accessible storytelling is just as important as technical rigor. Tune in to learn how employers and their counsel can partner effectively with experts to turn complex data into practical guidance, manage risk, and control litigation and consulting costs.

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