Tuesday, August 26, 2025
Defending the "kitchen sink" discrimination lawsuit
Arnett Moore, a 51-year-old Baptist Black man, worked as a Division Manager for Avon. When Avon restructured, the company compared the performance of division managers in the region. Moore's numbers came in last. The decision-makers documented the process, applied objective sales data, and had multiple levels of approval. As a result, Avon fired Moore.
Moore then sued. First, he said Avon discriminated against him because of his disability or perceived disability Then he added sex. Then age. Then, race. And even religion. In the end, his complaint alleged six different forms of discrimination.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 22, 2025
WIRTW #769: the 'slavery' edition
Donald Trump wants to make slavery great again.
In a rant on Truth Social, he fumed: "The Smithsonian is OUT OF CONTROL, where everything discussed is how horrible our Country is, how bad Slavery was… We are not going to allow this to happen.… This Country cannot be WOKE, because WOKE IS BROKE."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 21, 2025
🚨 The Fifth Circuit Just Took Aim at the NLRB – And Potentially Every Federal Agency 🚨
This week, the Fifth Circuit handed down a decision in SpaceX v. NLRB that could fundamentally alter how federal labor law—and much of the administrative state—functions.
The court upheld injunctions blocking NLRB enforcement proceedings, ruling that the Board’s structure is likely unconstitutional because its members and administrative law judges are insulated from at-will removal by the President.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 14, 2025
The 8th nominee for The Worst Employer of 2025 is … The Gender Corroborator
Policies on paper don't protect people. Training does. And this Buffalo Wild Wings location failed… spectacularly.
Gerika—who is a biracial lesbian, not transgender—came out and said, "I am a lady." Instead of apologizing, the server doubled down: "You have to get out now." Feeling she had no other way to be believed, Gerika unzipped her hoodie to show she had breasts. Only then did the server leave. She has now filed a charge of discrimination against the restaurant
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 13, 2025
Your contracts are a culture test
Contracts are a culture test. This winery failed.
This summer, my daughter, a singer/songwriter, had a contract to perform four gigs at a local winery. She played the first three. Then, the winery's GM emailed her to say they were "going in a different direction" with their music and her "vibe no longer fit." He canceled her fourth gig.
Here's the problem: The contract (their contract; they proposed it and drafted it) only allowed them to cancel for "unforeseen circumstances." Changing the "vibe" plainly doesn't qualify. She politely pointed that out in an email response and asked when to expect payment. Crickets. For over a week.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 12, 2025
Appeal court guts protections against customer harassment
Thanks to the 6th Circuit, customer-facing employees are now a whole lot less safe at work.
Dorothy Bivens worked as a sales rep for Zep, Inc. A few months into the job, she visited a motel client. The client's manager locked his office door, asked her out twice, and only let her leave when she said no. She reported it to her supervisor, who reassigned the account so she'd never have to see that customer again. A short time later, Zep cut her position in a COVID-era reduction in force. She then sued for hostile work environment, retaliation, and race discrimination.
The 6th Circuit just tossed all her claims. The retaliation and race claims fell apart for lack of proof the decision-makers knew about her complaint or targeted her for her race. But the headline here is the harassment claim.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 11, 2025
When your supervisor flips to Team Union…
Rising Star Coffee Roasters is in the middle of a full-blown labor meltdown—protests, police, firings, a closed store. And right in the thick of it? At least one supervisor who decided to stand shoulder-to-shoulder with the employees attempting to unionize.
That's not just awkward; it's dangerous for an employer. But the employer isn't without remedies. They just have to exercise them with care.
Under the NLRA, supervisors aren't covered “employees” and have zero legal protection to engage in union activity. You can discipline or terminate them for it, as long as you're not punishing rank-and-file employees in the process. The law sees them as management. When they cross the line, they're not "organizing," they're undermining the company from inside the chain of command.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 8, 2025
WIRTW #768: the 'Peniche' edition
If you find yourself traveling through Portugal, don't overlook Peniche. This coastal town—set on a peninsula that juts into the Atlantic—is the westernmost city in continental Europe. Peniche is best known for four things: fishing, scenic vistas, surfing, and its long, wide, beautiful beaches. It also happens to be one of my favorite places in the world.
1. Take a day trip to Berlenga Island: Hop on a boat to this stunning nature reserve, a UNESCO biosphere reserve, for hiking, snorkeling, and exploring the 17th-century São João Baptista fort.
2. Wander the medieval streets of Óbidos: Step back in time in this charming walled town, known for its cobblestone alleys, whitewashed houses, and ginja, cherry liqueur served in chocolate cups.
3. Walk the rugged trail to Ilha do Papôa: Explore this small, rocky island connected by a narrow land bridge, offering stunning views, dramatic cliffs, and a touch of wild isolation just steps from town.
4. Catch world-class waves at Supertubos Beach: Peniche’s legendary surf spot known for its powerful barrels and international surf competitions. It's also much calmer in the summer, and there are dozens of surf schools that will teach any beginner. (Or, just walk the beach and watch others tempt the surf.)
5. Visit the Fort of Peniche: Explore this historic fortress-turned-political-prison that now serves as a powerful museum of Portugal's resistance to dictatorship.
6. Stroll the scenic cliffs at Cabo Carvoeiro: Marvel at dramatic ocean views and unique rock formations at Peniche’s westernmost point, which is even better when the sun is setting.
7. Explore the open-air art of Buddha Eden: 25 minutes from Peniche, you can stroll through acres of peaceful gardens filled with giant Buddha statues, contemporary sculptures, beautiful flora, and peacocks (so many peacocks) in Europe's largest Asian garden.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 6, 2025
It's wrong. It should have never been said. But is it illegal discrimination?
"Old man, you been here longer than I've been alive. Are you ready to retire?"
Kenneth Lowe had worked at Walbro for over 40 years. In 2018, at age 60, he was fired. According to the company, his position as Area Manager was no longer needed. According to Lowe, it was age discrimination.
He sued, claiming his supervisor had made several age-related comments, including the one above, which was said during a ceremony celebrating Lowe's 40th work anniversary. Lowe said his boss also made other comments like "let the old guy do it," and "are you losing a step?"
At trial, the jury bought it. They gave Lowe over $2.3 million in damages. But the judge threw out the verdict and entered judgment for the company instead. The 6th Circuit just affirmed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 5, 2025
🚨 You can't ask that: Disability questions in hiring 🚨
Yesterday, a commenter noted on LinkedIn that many individuals with disabilities suffer in silence at work because they're afraid to disclose their disability during the hiring process—worried it might get them screened out. "There are dueling incentives for claiming or not claiming a disability, and the pendulum has swung hard towards staying as masked as possible if you don't want to end up in application purgatory," he wrote.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 4, 2025
Just because an employee says he has a disability doesn't mean he actually does
The University of Nebraska fired James Trambly, an IT support specialist, for violating university policy by removing a hard drive from a university-owned computer without authorization. The termination followed a year of documented performance issues—poor communication, overstepping into colleagues' work, visible frustration, interrupting clients, and spending excessive time on service calls.
After his termination, Trambly sued for disability discrimination and retaliation, claiming the university was aware of his "mental impairment": attention deficit/hyperactivity disorder (ADHD).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 1, 2025
WIRTW #767: the 'cerveja' edition
When part of your business involves providing legal representation to craft breweries, even vacation means finding a beer garden where you can sit, relax, and sample the local brews.
Saúde to Letaria, a craft brewery tucked inside Óbidos, Portugal—a 12th-century walled town that feels straight out of a fairytale. The beer was excellent, and the quiet beer garden offered the perfect escape from the bustle of a crowded summer weekend in this popular tourist hub.
If you ever find yourself there, don't skip the ginja, a sour cherry liqueur served in chocolate cups and sold all over town. It's as fun as it is delicious.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 31, 2025
Breaking down the proper way to handle an extended medical leave of absence
I spend a lot of time calling out employers who mishandle workplace issues. Today, I'm highlighting one that got it right.
But when she still couldn't return to work six months after going out on leave, and also couldn't provide a clear return date, Nexstar made the difficult decision to terminate her.
So she sued for discrimination and FMLA retaliation. She lost on all counts. Why? Because Nexstar handled this situation correctly. They followed the law, communicated clearly, documented their decisions, and gave Coffman much more than the law required.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 30, 2025
The Feds say that proselytizing at work is okay, but it shouldn't be
"The power of Christ compels you!" … could soon be coming to a workplace near you.
The Trump administration has issued new guidance allowing federal employees to display religious items at their desks, pray in groups off the clock, and even try to convert their coworkers.
You read that right. Government employees can now "attempt to persuade others of the correctness of their own religious views" and "encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers participate in other personal activities," so long as it's not "harassing in nature."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 22, 2025
The 6 hard truths of litigation
I pay my mortgage and my kids' school tuition thanks to how long lawsuits take and how expensive they are.
Still, we need to have a frank conversation about exactly that: how long lawsuits take, and how much they cost.
Xerox just ended a 13-year legal saga with a $9.1 million settlement to a class of 5,700 call center employees. The lawsuit challenged the company's Achievement-Based Compensation plan, which paid employees by task and offered bonuses to meet minimum wage thresholds—but didn't cover time spent logging in, waiting between calls, or doing other required non-task work.
Think about that. Years of disruption. Thousands of work hours lost to discovery, motions, depositions, hearings, and appeals. Millions in legal fees. All to land on a settlement that isn't remotely material to a $7 billion company.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 18, 2025
WIRTW #766: the 'empathy' edition
Forty years ago this week, the world came together. On July 13, 1985, Live Aid united millions across borders—not out of politics, but out of compassion. No cynicism. No culture wars. Just humanity responding to suffering.
Can you imagine that happening today?
In a time when empathy is mocked as weakness and "America First" is used to justify indifference, we need to remember what real leadership—and real decency—looks like.
Over at my Substack, I share what Live Aid teaches us about the power of compassion—and why rediscovering it may be our best hope against rising authoritarianism.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 17, 2025
Strollers and stouts can coexist: making the case for family-friendly breweries
There's a growing trend in craft beer: no kids allowed.
They're not alone. Breweries across the country are shifting to adults-only policies… or at least adults-only hours.
I get it. Staff shouldn't have to dodge strollers or play babysitter. And if someone really pulled out a travel potty in the middle of a taproom (as one brewery reported)? Yikes! That's not just inappropriate; it's gross.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 16, 2025
When your top talent drops the leg on your trade secrets…
Carma HoldCo—the company behind the Real American Beer concept—is laying the legal smackdown on two of its former execs, Chad Bronstein and Nicole Cosby.
Real American Beer is the light lager co-founded by wrestling legend Hulk Hogan. It's got a red-white-and-blue brand identity, a distribution deal with Walmart, and is being billed as the "official beer of WWE." It's a high-profile brand with big backing and even bigger stakes.
Carma alleges Bronstein and Cosby developed branding and business plans for the beer while still on the payroll, then body-slammed their confidentiality obligations by launching the same beer under their own company, RAHM (d/b/a Real American Beer), after getting the boot.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, July 15, 2025
Being a workplace star doesn't excuse bad behavior. In fact, it demands more accountability, not less.
Teenage football phenom Lamine Yamal made headlines for all the wrong reasons this weekend. At his 18th birthday party, he allegedly hired people with dwarfism as entertainment, prompting widespread public backlash and legal complaints from disability rights organizations. The accusation: dehumanizing behavior that treats the disabled as props for amusement is discriminatory and undermines basic dignity.
Let's pivot from the pitch to the workplace.
Too often, high performers or rainmakers are given a pass. Their results insulate them. They cross lines, bullying coworkers, making inappropriate jokes, creating uncomfortable or even hostile environments. Leadership and HR look the other way because "they're too valuable to lose."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, July 11, 2025
WIRTW #765: the 'It's a Bird… It's a Plane…' edition
Superman is an undocumented immigrant who punches Nazis. And if that makes him "woke," then maybe we need more woke heroes.
MAGAworld is melting down over James Gunn's Superman reboot because Gunn says that its a story about "immigrants and basic human kindness." Kellyanne Conway called it a woke lecture. Jesse Watters said his cape should say “MS13.”
Let's be clear: Superman has always been political.
- Created by two Jewish kids in 1938.
- A refugee from a dying planet.
- The Champion of the oppressed.
- A symbol of anti-fascism, decency, and justice.
If you think Superman is too political or too woke, you're not only misunderstanding him. You're also siding with the fascists he was created to punch.
I just wrote a full Substack piece digging into Superman's immigrant roots, his Jewish allegory, and why calling him "superwoke" completely misses the point.
🧵 Read the full post here.
📬 And if you're not already subscribed to my Authoritarian Alarm Substack, what are you waiting for? Subscribe here.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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