The 2nd nominee for the “Worst Employer of 2022” is … the claim-filing clinic

Suppose you have a group of unhappy employees. They don't like their working conditions. They don't like their pay. They generally want to work somewhere else. When they give you their notice, do you:

(a) Let them walk. 
(b) Engage them to see what will entice them to say.
(c) Sue them for an injunction to stop them from leaving.

If you chose (c) you are ThedaCare, a Wisconsin healthcare system. You are also the 2nd nominee for the Worst Employer of 2022.

Coronavirus Update 1-24-22: I’m a Covid statistic

It was a calculated risk. I've been so careful for the past 22 months. We don't socialize outside of a very small bubble. We don't eat in restaurants or go to bars unless we can be outside. We've given up concerts and traveling. I wear my KN95 mask everywhere. 

But before Omicron changed the Covid-19 narrative, I decided that my firm would sponsor the Ohio Craft Brewers Conference. I also agreed to speak at the event. And we timed the launch of our brand new Craft Beer Practice Area around the conference. 

It was a safe event. Vaccines or negative tests were required of all attendees. Masks were mandatory at the event unless eating or drinking. I wore my KN95 mask everywhere. I was still nervous about spending three days out of town. But at my request, my firm had made a substantial financial investment in the event. So I packed my KN95 masks and my hand sanitizer, and off I went.

Twenty-four hours after returning home I felt my first symptoms — a scratchy throat and a mild dry cough. That's it. But having been out and about, I decided to home test. Negative.

WIRTW #610: the “humor is the best medicine” edition

On behalf of myself and my daughter, I'd like to thank everyone for all of the kind words of encouragement and support I received for our most recent podcast episode. Whenever you go through any sort of trauma, you feel like you're in it alone. What I learned through the many of you who took the time out of your busy lives to email, comment, or message is that we are not alone and that so many have gone through similar experiences. That community of shared experiences offers a tremendous amount of comfort.

If you've yet to listen, please do so (Apple, Spotify, or wherever you get your podcasts). If you have listened, please share. And if you've shared, please re-share somewhere else. Norah wants to make something positive out of her experience to help people by talking about and de-stigmatizing mental health issues. It's a conversation that is long overdue and very needed. 

I do want to take a moment to address one critique we've received from one very small corner of the internet, which has been bothering me and that I don't want to leave unanswered — that because we chose to attack this issue with some humor, we are devaluing the seriousness of the situation and are not taking mental health issues seriously. Nothing could be further from the truth. No one (and I mean no one) has the right to tell someone else how to process trauma. Some do so with anger or sadness. Some with quiet reflection. And some with serious discussion. Consistent with our personalities, we process with humor and sarcasm. It doesn't mean we're not taking the situation seriously or making light of it. Quite the opposite. It just means we're coping the best we can. I can assure you that no one takes what Norah went through and is going through more seriously than she and our family.

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

If you treat employees like they are fungible, they will act like they are fungible

I spent the past few days at the Ohio Craft Brewers Conference promoting my new venture, OhioBeerLawyers.com. In addition to being one of the event's sponsors, trying to network in as Covid-safe of a way as possible, and learning about the business of craft beer, I also was a presenter. My chosen topic was how to hire and retain employees in the midst of the Great Resignation. 

I thought of my presentation as I read about the situation at Noah's NY Bagels in Vacaville, California. The restaurant's entire staff of 15 quit their jobs en masse in protest of their manager's (unjust, in their view) termination. The story took off after a TikTok, posted by one of the employees and captioned, "Say no to toxic management," went viral.

Accountability always starts at the top

How do you respond to an employee who states that the Covid-19 vaccine is a plot by "the Jews" to exterminate people? Does your answer change if the employee in question is the company's founder? 

The correct answers: You fire him, and no, it doesn't matter who he is.

The scenario recently played out at Entrata, a Utah technology company. David Bateman, Entrata's founder, sent an email to multiple parties, including various Utah tech leaders. Bateman's email started with the subject line, "Genocide." It went downhill from there. 

A very special episode of The Norah and Dad Show, talking about teen mental health

I recently asked you, my readers, followers, and friends, for a favor. I asked you to take a moment to hug your kids a little stronger and a little longer. What I didn't tell you was why I was asking that of you.

Today I'm sharing the rest of the story. Except it's not my story to tell. It's my daughter's.

Stepping out of my confort zone

Sometimes you need to step out of your comfort zone to move forward, including in one's career. 

For the past 25 years, I've been a management-side labor and employment lawyer. I've represented employers in just about every type of employee dispute you can imagine and counseled too many to count on a countless number of issues.

Still, I yearn for growth. One of the industries I've had the pleasure of representing over the years is the craft beer industry. Thus, I've helped spearhead the launch of Wickens Herzer Panza's brand new Craft Beer Practice Group. I'm excited to be one of the two leaders of this group, along with one of my partners, Grant Steyer. You'll find our new practice at ohiobeerlawyers.com.

I'm still a practicing labor and employment lawyer (don't worry). I'm just adding "craft beer lawyer" to my arsenal.