Employers, you don't need to be right—you just need to be honest

If you're an employer disciplining or terminating an employee for workplace misconduct, you don't have to prove the employee did the bad thing—you just need to honestly believe they did.

In Welch v. Heart Truss & Engineering, the employer fired an employee it believed had spray-painted trusses with graffiti—including devil horns and cartoon boobs. (Yes, really.) The employee claimed the real reason for his firing was his disability and workers' comp history.

But the 6th Circuit didn't buy it. The employer's "honest belief" saved the day.

The importance of preaching (and training) calmness in the workplace

Until today, I had never heard the phrase, "gratuity riot." I bet you hadn't either.

It allegedly happened in Nashville, where a bartender, pushed past her limit by a bachelor party that ran up a large tab and left no tip, hurled a pitcher across the bar. Words were exchanged, bottles followed, and soon the bar was a scene out of a country-western apocalypse — stools overturned, beer spraying, a shattered glass everywhere.

By the time the police arrived, the bartender was under arrest for aggravated assault, inciting a riot, and destruction of property.

We can all shake our heads and mutter, "What a mess," but there's a real workplace lesson buried under the spilled beer and broken glass.

The 11th nominee for The Worst Employer of 2025 is … The Enslaving Episcopate

Every year I think I've hit rock bottom when it comes to my "Worst Employer" list. And every year, someone picks up a jackhammer and starts digging.

Let me introduce you to the Kingdom of God Global Church, led by "Apostle" David Taylor and his "executive director" Michelle Brannon.

According to federal prosecutors, these two masterminded what can only be described as a modern-day slave labor scheme wrapped in the trappings of religion. The FBI's August raid of Brannon's mansion revealed 57 victims of forced labor living in cramped, squalid quarters — while Brannon enjoyed seven Mercedes, two Bentleys, half a million dollars in gold bars, and a backyard full of marble statues.

A reminder from the DOL that not all “front-of-house” jobs are created equal

The Department of Labor just released a new Wage & Hour opinion letter on one of those topics that always makes restaurant and hospitality employers nervous — tip pooling under the Fair Labor Standards Act.

The question is whether "front-of-house" oyster shuckers can be included in a tip pool with servers when the employer takes a tip credit toward minimum wage?

The DOL says yes — if those shuckers actually interact with customers.

WIRTW #775: the 'kindness' edition

What's wrong with kindness?

When I was a kid, I was taught: "Sticks and stones may break my bones, but words will never hurt me."

I disagree. Words can wound. They can demean. They can normalize cruelty and strip people of dignity. That's not strength, but weakness dressed up as bravado.

This week I was reminded of the choice we face every day in how we use our words. In a series of since-deleted comments to my LinkedIn post about the illegality of calling Black employees "monkeys," someone proudly declared:

➡️ that calling others "monkeys" is just free speech,
➡️ that he can call "whoever he wants a monkey,"
➡️ and that anyone who challenges that is undermining his freedom.

Technically, he's right: the First Amendment protects his right to say it. But here's the important part: free speech is not free of consequences, nor is it free of responsibility.

Which brings me back to my question: what's wrong with kindness?

Kindness invites connection.
Kindness builds trust.
Kindness strengthens communities and workplaces.
Kindness takes less effort than cruelty.
Kindness is the simpler, stronger choice.

Cruelty may get you attention, but kindness earns you respect.

So maybe the real question isn't "What am I free to say?" but "How will my words define me?" and "What impact will my words have on the people who hear them?"

None of us should want to be remembered for the insults we hurled, but for the kindness we offered.

The same is true at work. Cultures built on cruelty don't last. They burn people out, drive away talent, and create environments where fear replaces trust.

On the other hand, cultures built on kindness endure. They attract people who want to contribute, they foster collaboration, and they create workplaces where employees feel valued and respected. Kindness isn't just a moral choice, it's the smart business strategy that sustains organizations.

Choose kindness. Always.

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Here's what I read this week that you should read, too.

Religious "purity tests" are a Title VII accommodation no-no

"Are you really that religious?" is the wrong question for any employer to ask of an employee seeking a religious accommodation.

The 6th Circuit just handed down a decision in Bilyeu v. UT-Battelle that should serve as a warning to any employer tempted to test the "sincerity" of an employee’s religious belief.

Let's count the ways Pete Hegseth's speech would get your company sued

If Pete Hegseth were your CEO, I'd be drafting your EEOC position statement tomorrow.

You're not running the Department of War (née Defense), and your employees aren't soldiers. If you think, however, Hegseth's speech yesterday is a model for shaping culture in your workplace, here's a lawyer's caution: his words are an employment-law nightmare.