Without HR, you're not running a business. You're running a liability factory.

"I want to be the first company without HR."

That's the viral line from Jennifer Sey, who founded XX-XY Athletics in March 2024. She thinks Human Resources is just the "social-justice police." According to her, they are nothing more than a department of hall monitors: "They produce nothing. They monitor our words. They tell us what we can and cannot say. They inhibit creativity. It's bad for business."

Let's clear this up:
HR is not the problem.
HR is not your censor.
HR is not some DEI-driven thought police force trying to ruin your fun.

PIPs are performance improvement plans, not employee termination plans

The point of a performance improvement plan isn't to fire someone, it's to help them improve. It's right there is the name. But too often, PIPs aren't about performance or improvement.

For example, in Murphy v. Caterpillar Inc., the 7th Circuit just reversed summary judgment on the employee's age discrimination claim, and the court's reasoning serves as a stern warning to any employer using PIPs as a shortcut to termination.

Here's what Caterpillar got wrong about the PIP it delivered to Brian Murphy, a 58-year-old engineer:

I want my records back, records back, records back

When you destroy the evidence that could justify a termination, don’t be surprised when a court refuses to take your side. That's the message from the 6th Circuit's recent decision in Kean v. Brinker International, Inc., where a 59-year-old general manager of a Chili's, owned and operated by Brinker International, was fired despite running one of the most successful stores in his market.

Brinker claimed he was let go for not "living the Chili's way"—an amorphous explanation about bad "culture." Instead, Kean claimed age discrimination, supported by his stellar performance records and his post-firing replacement by someone 26 years his junior.

Brinker, however, could not support any its reasons for Kean's termination because it had destroyed all of the documents related to the termination.

WIRTW #763: the 'shiny and new' edition

Our new website is live!

I am excited to share that Wickens Herzer Panza has officially launched a completely redesigned website.

Our goal was simple: make it faster and easier to find our insights, resources, and people—while showcasing our depth and agility.

Our new site features a clean, modern design, along with refreshed and expanded content:

• Attorney Bios – Experience, focus areas, fun facts, and direct contact details.

• Practice Area & Industry Pages – Plain-language overviews of how we solve problems for businesses like yours.

• News & Alerts – Timely articles, case analyses, and thought leadership geared toward business owners and entrepreneurs.

• Firm Insights – Events, community involvement, and the culture that drives our client service.

Our refreshed branding—Big Firm Ability; Small Firm Agility—features prominently on the new home page. This isn't marketing rhetoric; it's who we are:

• Big Firm Ability – Seasoned lawyers, multi-disciplinary teams, and the bench strength to handle sophisticated transactions, complex litigation, and strategic planning.

• Small Firm Agility – Direct access to decision-makers, responsive service, and customized solutions delivered at the pace a business demands.

Massive shoutout to PaperStreet Web Design for knocking our new website out of the park!

Check out the new WickensLaw.com and let me know what you think. If you've got questions about how we can help you or your business, just grab my contact info right from the site.

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

🚨 SCOTUS refused to extend Bostock—but it also didn't gut it. That matters, a lot.

Yesterday, in U.S. v. Skrmetti, the Supreme Court held that states can constitutionally prohibit puberty blockers and hormone therapy for transgender teenagers, rejecting a Equal Protection challenge to the law. It's a dangerous decision. Because of the votes of six Supreme Court justices, many children will suffer and some will even die.

The Court also refused to extend Bostock v. Clayton County, which held that Title VII protects LGBTQ+ employees from workplace discrimination "because of sex."

Yet, there is hope from this opinion. The Court could have used Skrmetti to start walking back Bostock. It didn't. In fact, it went out of its way to distinguish Bostock without undermining its holding.

FIFA gets a red card for its missing anti-discrimination stance

FIFA says it has a zero-tolerance policy against racism and discrimination.

But during this year's inaugural Club World Cup—in the United States of all places—that commitment has gone missing. No "No Racism" signage. No "No Discrimination" videos. No announcements. No armbands. No social media messaging. Just silence. (And a Dance Cam encouraging people to "Be Active.")

Compare that to past FIFA tournaments, where anti-racism and inclusion messages were projected on jumbotrons, splashed across LED boards, and worn on armbands—from "Unite for Gender Equality" to "Unite for Inclusion." Now? Nothing.

FIFA hasn't explained why. But the silence speaks volumes.

When immigration policy change overnight…

What's an employer supposed to do when immigration policy shifts overnight?

That's the question employers across the country are now facing. More than 500,000 immigrant workers—who entered the U.S. legally under a humanitarian parole program—were recently told to leave their jobs and “self-deport” after the Department of Homeland Security abruptly ended the program.

The headlines are emotional. The legal issues are complex.

Generally, if an employee has a properly completed I-9 form, the employer is not liable for hiring someone who later turns out to be unauthorized. As long as the documents provided at the time of hire reasonably appear genuine and relate to the employee, you're in the clear. That's exactly how the system is meant to work.

This situation, however, is different. In this case, the government is notifying employers that certain employees' immigration status has changed—and that they are no longer authorized to remain in the U.S. Still, even under these circumstances, telling an employee to "self-deport" carries legal risk.

A dog of a workplace lesson

Last weekend, I got bit by the doggie mayor of Boston's Seaport.

His name is Bennett. He's a 9-month-old golden retriever. And while visiting the area on a family vacation, I met the young mayor in a beer garden.

He was adorable. Charismatic. Clearly popular. And then—he chomped down on my arm.

It was classic puppy behavior—playful, harmless in intent, but still… teeth on skin.

What stood out most wasn't the bite. It was his "parents"—sitting nearby, watching it happen, saying absolutely nothing.

WIRTW #762: the 'cheers' edition

🚨 BREAKING: The death of craft beer has been greatly exaggerated.

According to a new 2024 economic impact study from the Ohio Craft Brewers Association, my state's craft brewing industry is very much alive and pouring.

📊 Consider this:

• $1.29 billion in economic output (up from $1.22 billion in 2022).
• 12,255 jobs supporting 8,095 households (up from around 11,500 jobs in 2022).
• $427.3 million in labor income created.
• Nearly $230 million paid in state and federal taxes (identical to 2022).
• 46 new breweries opened in 2024—with 53 more already in planning (bringing Ohio’s total to 442, up from 420 in 2022, 357 in 2020, and 300 in 2018).

That's not a dying industry. That's a growth industry.

But let's not sugarcoat it: challenges remain. Younger generations are drinking less beer. Tastes are shifting toward spirits, RTDs, non-alcoholic options, and cannabis. And tariffs on brewing equipment and ingredients continue to threaten and squeeze margins. It's not easy out there—but Ohio's brewers are adapting, evolving, and still finding ways to grow.

Moreover, this isn't just about pints. Ohio breweries are revitalizing neighborhoods, anchoring downtowns, hosting community events, and donating millions to charity.

So the next time someone says "craft beer is over," raise a pint and say: Not in Ohio.

🍻 Cheers to great beer and better data.

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

The 6th nominee for The Worst Employer of 2025 is … The Terrible Trafficker

HotHead Grabba is now officially in the hot seat.

A 74-count indictment charges owner Hunter Segree and two managers with operating a tobacco-processing sweatshop and exploiting its immigrant workforce.

2.5 million reasons to avoid age discrimination

"Younger and hungrier."

That was the phrase executives at CrossCountry Mortgage allegedly used to describe the kind of people they wanted in their accounting department.

The only problem? They already had Cheryl Shephard, a senior accountant who wasn't "younger." Shephard was 65. And a CPA. No disciplinary record. No PIP. Just years of reliable, quality work with strong performance reviews

Then, out of the blue, CrossCounty Mortage fired her in a so-called reduction in force.

Do you know the difference between legal and illegal interview questions?

You're hiring. Great.
You're asking illegal interview questions. Not so great.

Most employers don't mean to cross the line in interviews. But intent doesn't matter when the EEOC or a process server comes knocking. The law draws a pretty clear line around certain topics. And the moment you ask the wrong question, you've handed a candidate "Exhibit A" in their future discrimination claim.

The 5th nominee for The Worst Employer of 2025 is … The Predator Manager

The EEOC has filed a lawsuit against Franchise Management LLC, the operator of over 20 Subway locations in the Beehive State, alleging that it failed to prevent the sexual harassment and assault of a 16-year-old male employee by a district manager.

The manager, Justin Nielson, reportedly made inappropriate sexual comments, asked the employee for photos of himself in his underwear, sent similar photos of his own, and ultimately assaulted the teenager during work hours.

Inclusion isn't political #HappyPrideMonth🌈

It's Pride Month. And it matters now more than ever.

Ten years ago, a client fired me. Why? Because I suggested they add LGBTQ+ protections to their employee handbook. There was no federal law requiring it back then. They didn’t support "that lifestyle." I wasn't "a good fit" as their lawyer. I wanted to help them do the right thing, and they wanted to pretend certain people didn't exist. As much as I hoped they'd listen, they were right: I wasn't the right lawyer for them. And I'm proud of that.

Fast forward to 2020: the Supreme Court decided Bostock v. Clayton County, holding that Title VII protects employees from discrimination based on sexual orientation and gender identity. It was a legal game-changer. But it didn't change everything.

Now, in 2025, LGBTQ+ rights are under a coordinated attack—through legislation, litigation, and relentless rhetoric. And some companies are backing away from DEI altogether, afraid of the backlash.

But here's the thing: inclusion shouldn't be political. Leading with integrity means standing up for your employees, especially when it's not easy.

WIRTW #761: the 'boss' edition

For over 50 years, Bruce Springsteen has been the voice of working people, dreamers, outcasts, and truth-tellers. His songs tell the story of real America—the kind with grit, heartbreak, hope, and heart.

And he's never been afraid to speak out—against injustice, against corruption, and yes, against authoritarian wannabes who mistake cruelty for strength.

So it's no surprise that Donald Trump has launched a full-on war against The Boss. He's called him a "radical left loser," a "dried up prune," and a "dumb rock star."

Cool. Because if Bruce is everything Trump hates, then maybe Bruce represents everything America should be.

June 14 is Donald Trump's birthday.
Let's take it back.

Let's turn it into something worth celebrating—not a day about narcissism and lies, but a day about music, truth, resistance, and unity.

We’re calling on Congress to declare June 14 as National Bruce Springsteen Day.

• A day to crank the volume.
• A day to remember the power of protest and poetry.
• A day to honor a man who’s never stopped fighting for the soul of this country.

Because you can't start a fire without a spark.
And Bruce Springsteen's been sparking the American spirit since 1973.

Sign the petition. Share it loud.
Let's reclaim the day—and remind the world who really represents the heart of America.

Let's make June 14 National Bruce Springsteen Day.
Because America deserves better than a birthday party for Trump.

Click here to sign the petition.

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

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The fiduciary case for DEI

Corporate Diversity, Equity, and Inclusion initiatives are not just about social responsibility. They're also about business performance.

Studies from McKinsey and others have consistently shown that diverse teams drive innovation, enhance risk mitigation, improve decision-making, and ultimately deliver stronger revenue and profits. Indeed, according to McKinsey, companies in the top quartile for gender or ethnic diversity on executive teams are 39% more likely to outperform their peers financially compared to those in the bottom quartile, while those that rank in the top quartile for both are, on average, 9% more likely to outperform their peers. Conversely, companies in the bottom quartile for both are 66% less likely to achieve above-average profitability. 

In other words, diversity = profits.

When rights collide: religious beliefs vs. gender identity in the workplace

An employee tells HR, "I can't use my coworker's preferred pronouns. It's against my religion." What now?

This isn't theoretical or hypothetical—it's happening in businesses across the country. Just ask Spencer Wimmer, a former Generac Power Systems employee who refused to use a transgender colleague's pronouns on the basis of his Christian faith and was fired as a result. He's now filed an EEOC charge, claiming religious discrimination.

This is not an isolated development. It's the front lines of a growing legal and cultural tension: What happens when one person's protected rights collide with another's?

Here's my take: We can't use religion as a license to discriminate.

DEI-washing

Verizon just made headlines — by eliminating its entire DEI program. In a memo to the FCC, the company announced sweeping changes:

NO DEI roles or departments

NO DEI references in training materials

NO demographic hiring goals

NO supplier diversity benchmarks

NO scholarships or internships targeted at underrepresented groups

NO diversity-focused recognition surveys.

NO mention of “diversity, equity, or inclusion” on its website or in recruiting materials

NO mention of “diversity, equity, or inclusion” in recruiting materials

And yet, despite this full-scale rollback, Verizon insists it remains "committed to … an inclusive culture."

Let me be very, very clear: You cannot claim to support inclusion while dismantling every tool you've built to achieve it. That's like closing your fire department while saying you're committed to fire safety.

WIRTW #760: the 'sportswashing' edition

What do you know about "sportswashing"? If you're like me, it's very little. That is, until I asked ChatGPT.

Sportswashing is a practice by which governments use sports to improve or launder a tarnished reputation. I needed to education myself on this topic fairly quickly so that I could read my son's 10th grade history research paper with a base of knowledge upon which to critique it.

So, I activated ChatGPT's deep research tool in its new 4.1 model and asked the following: "Can you draft a detailed and persuasive memo on sportswashing in global football."

ChatGPT responded with some follow-up questions:

1. Who is the intended audience? (e.g., general public, a school project, a policy maker, a sports organization)
2. Do you want the memo to focus on specific countries or cases, like Russia 2018, Qatar 2022, or Trump's involvement in 2026?
3. Should the memo include proposed actions or solutions, or just explain the issue?
4. How long or in-depth would you like the memo to be?

I answered: University-level research paper; No; Propose solutions; 10 pages, double-spaced. And off it went. 15 minutes later, I had my results—a well-researched and detailed memo on the issue—which can download and read here.

This experience highlights both the powerful advantages of using generative AI tools like ChatGPT for legal and professional research. Still, I'd be remiss if I didn't point out their inherent risks.

On one hand, ChatGPT's speed, breadth of knowledge, and ability to produce clear, structured analysis can dramatically enhance efficiency—delivering well-informed content in minutes that might otherwise take hours, days, or even weeks. This democratizes access to complex topics and supports professionals in making faster, more informed decisions.

On the other hand, reliance on AI-generated content without critical review can be risky. ChatGPT, while capable, is not infallible and may present information that lacks nuance, context, or up-to-date accuracy.

For legal professionals in particular—where precision, source validation, and ethical responsibility are paramount—AI should be treated as a powerful assistant, not as a substitute for human expertise and judgment. Used thoughtfully, it can be an important tool; used carelessly, it may lead to oversights or misinformed conclusions. Blind reliance without verification is reckless and irresponsible. Nevertheless, I remain impressed by the work product that ChatGPT can produce, and can't wait to see how it continues to develop, evolve, and improve.

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

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Brewing up a tipped wages nightmare

Brewery owners: Let's talk why class-action lawyers are just as interested in your payroll practices as your flagship IPA.

A new lawsuit against a Georgia craft brewery is making the rounds, and it's the same old recipe—alleged FLSA violations in how tipped employees are paid. Don't brew the same legal trouble for yourself. 

Here's what every taproom, brewpub, and brewery owner needs to know to stay out of court in wage and hour lawsuits: