South Carolina

Joseph Bias: Welcome, y’all, to the Direct Examination podcast! My name is Dayne Phillips, and I’m Joseph Bias. Dayne, we are again one red-head short for this episode.

Dayne Phillips: Everybody’s going to stop listening to us! They’re going to realize we jumped the shark.

Joseph Bias: Amber works, and this week Amber is working out of town. She has not quit, she does not hate us, and she’s not just failing to show up.

Dayne Phillips: We’re the Commodores without Lionel Richie!

Joseph Bias: We’re happy to be joining you again on the Direct Examination podcast. If you’re listening, go ahead and give us a five-star rating and review on iTunes, Spotify, or wherever you get your podcasts. I went to the Richland County Bar Oyster Roast last week, and several people mentioned they listen to the show, including Mike Trask and Jacob. Shoutout to everyone listening!

Dayne Phillips: Like, share, love, retweet—whatever you’ve got to do to spread the word!

Joseph Bias: Today we have two guests to talk about labor and employment law. Michael Henthorne from Ogletree Deakins in Columbia, South Carolina, is a 25-year veteran of the legal field, a Furman University and USC Law graduate, and Deputy State Judge Advocate for the South Carolina State Guard.

We also welcome back Joseph Dickey Jr. of the Dickey Law Group! Joseph advocates for individuals and businesses in employment and education law, is a graduate of Clemson and USC Law, and teaches civil litigation capstone at USC Law. Welcome, gentlemen!

Michael Henthorne: Thank you for having us.

Joseph Dickey Jr.: Thanks for having me back!

Joseph Bias: Michael, why employment law? What brought you to this field?

Michael Henthorne: I started out trying personal injury cases on the plaintiff side right out of law school. After moving to a firm in Georgetown and Myrtle Beach, I worked with a mentor, Henrietta Golding, on a case where three employees fabricated harassment allegations against a restaurant owner. Seeing the toll that case took on him made me realize I wanted to dedicate my career to defending employers.

Joseph Dickey Jr.: I got exposed to employment law clerking at Duff, White & Turner and working at SCANA. I realized that employment law is essentially the domestic law of the corporate world. A person’s job is their livelihood, so emotions run incredibly high in these cases.

Dayne Phillips: What are the major trends you’re seeing in employment litigation right now?

Joseph Dickey Jr.: I’m seeing a significant surge in disability discrimination (ADA) cases, accommodation disputes, and FMLA retaliation claims. Same-sex discrimination claims have also picked up.

Michael Henthorne: Disability claims paired with FMLA retaliation and defamation claims are very common. I also strongly advise company owners and executive leadership to take a close look at pay equity practices and pay transparency.

Additionally, e-discovery has transformed employment litigation. Cases that used to involve 300 pages of paper documents now involve hundreds of thousands of electronic records, emails, and data files.

Joseph Bias: If an employee feels something improper is happening at work, what is the most important step they should take?

Joseph Dickey Jr.: Communication and documentation. Use your company’s internal reporting mechanisms—whether HR, a supervisor, or an open-door policy—and put your concerns in writing to create a clear paper trail.

Michael Henthorne: Exactly. Direct, open, and honest communication is key. Employers have handbooks, hotlines, and HR processes specifically designed to address workplace concerns internally before they escalate into lawsuits.

Dayne Phillips: Time for War Stories! What are some memorable moments from your employment practices?

Joseph Dickey Jr.: In one race discrimination case, my client reported racial epithets and raccoon feces left at her door. During depositions, opposing counsel seriously questioned whether a wild raccoon could have climbed up, identified her specific door, and left the feces there itself!

Michael Henthorne: I handled a case where two married employees (married to other people) were caught on store cameras making out against a column while clocked in. After my client terminated both of them, the female employee filed a discrimination claim alleging the company failed to protect her from “lascivious advances”—despite video evidence showing otherwise!

Dayne Phillips: What is your top advice for law graduates preparing for the bar exam?

Michael Henthorne: Tackle your hardest task first every single day. Get after it early and stay meticulous.

Joseph Dickey Jr.: Prepare in whatever way works best for you individually. Stick to what fits your study style.

Dayne Phillips: If your current study method isn’t working, don’t be afraid to pivot immediately.

Joseph Bias: Remember that your life doesn’t end with bar review—keep living your life! Also, a special shoutout to Keosha Dickey, an exceptional employment attorney at Ogletree Deakins.

Joseph Bias: Thank you to Michael Henthorne and Joseph Dickey Jr. for joining us! Follow Joseph Dickey @JDickey1914 and @DickeyLawGroup, Michael Henthorne @MHenthorne, Dayne @SCCrimLawyer, Amber @RedJudicata, and Joseph @JosephPBias. Follow the show @SCLawPod on Twitter, Facebook, and Instagram. See y’all next week!