WIRTW #656: the “Dilenogate” edition

By Jonathan Hyman on January 13, 2023

Until now, I’ve avoided writing about Dilenogate, the story that has gripped the Cleveland legal community and the nation.

To sum it up, Jon Dileno, a (now former) senior labor and employment attorney at Cleveland law firm Zashin & Rich sent a highly offensive and inappropriate text to an employee who, instead of returning to the firm following her maternity leave, accepted a new job and gave her notice.

He called her “soul-less and morally bankrupt,” threatened to trash her in any future job references, and accused her of “collecting salary from the firm while sitting on your ass” while on maternity leave.

The story went crazy viral after Kelly Barnett shared the story and text message on LinkedIn.

In response to the viral story, the firm put out a weak (and I’d argue further damaging) now-deleted post on its own LinkedIn page: “That single text was sent in the heat of the moment by an employee upset by the belief that the former colleague while on paid leave sought employment with another law firm.” As pressure mounted, however, it published another post the next day: “After careful consideration, Jon Dileno is no longer with Zashin & Rich.”

So much digital ink has been spilled about this story, there’s no need for me to pile on. Instead, I merely direct you to the following:

When an Employee Returns from FMLA Leave, Don’t Be This Employer — via Jeff Nowak’s FMLA Insights
Maternity Leave Is Not “Sitting Around on Your Ass” — via Suzanne Lucas at Inc.com
Firm Parts Ways with Lawyer Who Called Maternity Leave “Sitting on Your Ass”, After Text Calling Maternity Leave “Sitting on Your Ass,” Law Firm Looks oo Sit on Its Ass on Response, and “Collecting Salary from the Firm While Sitting on Your Ass” Is Certainly ONE Way for a Senior Lawyer to Describe Maternity Leave — via Above the Law
Text accusing exiting lawyer of sitting on her keister during maternity leave leads to second departure — via ABA Journal
Cleveland law firm, attorney criticized after social media post shows insulting text sent to attorney who left firm after maternity leave — via Cleveland.com

I’ll merely add the following to this important discussion. The legal community and, more broadly, the entire business community, needs to do better with pregnant workers and new moms. Childbirth and maternity leave aren’t a vacation. We as employers (heck, as humans) should never treat it as such, nor should we stigmatize or punish our employees for doing that which their bodies naturally — give birth. Bringing a child into this world is difficult enough. We don’t need to make it any harder than it already is.

Support new moms; don’t retaliate against them. Here’s a three suggestions to consider that will not only help you support your employees, but will also help you recruit to and keep talent in your business.

1.) Offer strong parental leave programs. The FMLA requires 12 weeks of unpaid leave. Consider offering more, or offering to cover the employee’s pay for some/all of the leave. If you’re not FMLA covered or the employee isn’s FMLA eligible, consider mirroring the statute for your employees anyway.

2.) Ramp up/down policies. Plenty of employees work their full 40 right up until their due date, and jump right back into the deep end of work as soon as their leave ends. But consider a phase out and a phase in with reduced hours on both ends. It helps the new mom’s physical health leading up to childbirth and her mental health in returning to work.

3.) Schedule flexibility. Parenting isn’t a nine-to-five job. It’s a 24/7/365 job that is really good at throwing curveballs to parents. Late nights with little sleep. Unexpected doctor appointments. Visits to the pediatric ER. Do you want a sleep deprived or otherwise distracted employee at work. You certainly won’t get their best. So try to be as accommodating and understanding as possible. Flexible hours and remote work help ease the stress caused by the unexpectedness of raising a newborn.

If you’re not part of the solution, then you’re part of the problem. Don’t be part of the problem.

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

Labor Relatedly Episode 8 – Non-competes, Neutrality, and Other Nuggets — via Lunch Conversation with DriveThru HR

How Businesses Should (and Shouldn’t) Respond to Union Organizing — via Harvard Business Review

As Starbucks unionizing slows, some strike, others skeptical — via AP

Court grapples with how to handle company’s lawsuit against union that went on strike — via SCOTUSblog

Can AI Pass the Bar Exam? — via Inhouse Blog

ChatGPT Artificial Intelligence: An Upcoming Cybersecurity Threat? — via Dark Reading

Lawyer Removed from Radio City Music Hall After Facial Recognition Flagged Her as Opposing Counsel — via Technologist

Comms can help employees safeguard sensitive company data. Here’s how. — via Ragan.com

I got in trouble for using a mouse jiggler … despite my excellent work — via Ask a Manager

Why the FTC’s Proposed Rule was Predictable — via Dan Schwartz’s Connecticut Employment Law Blog