Shifting The Power Balance

Dwayne Smith
  • 5.0 (1)
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Shifting the Power Balance is a workplace law and HR strategy podcast hosted by Dwayne Smith, a leading legal authority and experienced workplace attorney focused on navigating workplace conflict, reducing risk, and strengthening employee-employer relationships. Created for business owners, C-suite executives, entrepreneurs, HR directors, and organizational thought leaders, this podcast addresses workplace harassment, HR violations, power dynamics, employee handbooks, and the real-world decisions that trigger legal exposure. Each episode delivers practical guidance on: Navigating workplace investigations and harassment claimsManaging employee relations before they escalateCreating legally sound employee handbooksUnderstanding power imbalances that lead to conflictReducing liability, insurance claims, and compliance riskCreating productive and successful organizations by making each employee feel valuableClear insight. Real examples. Actionable leadership strategies for modern workplaces.

Episodes

  1. KSU - Jerome Tang Update

    May 14

    KSU - Jerome Tang Update

    In this follow-up episode, co-host Rudy Davis and attorney/host Dwayne Smith break down the legal landscape since Jerome Tang's for-cause firing from Kansas State. Topics include Tang's return to Baylor and how it affects his damages claim, the duty-to-mitigate argument, the comparator coaches, K-State's strongest and weakest arguments, the settlement dynamics, and key takeaways for HR professionals and high-profile employees. Timestamps: 0:30 – Introduction & episode overview 1:33 – Jerome Tang lands at Baylor: what happened after the firing 2:46 – The for-cause firing explained 3:16 – Tang's legal team and the threat of a lawsuit 3:52 – How Tang's new job affects his legal case 4:22 – Duty to mitigate damages: the financial math 5:44 – What Tang could allege against K-State 6:19 – The comparator coach: a two-week suspension for worse conduct 7:59 – The football coach comparator (Chris Kleiman) 9:03 – Contract consistency and the disparate treatment argument 9:39 – K-State's defense: the unilateral authority argument 11:36 – K-State's weakest argument 12:22 – What K-State should have done differently 12:56 – Timeline to resolution — and what happens if they can't settle 13:33 – The potential hammer letter and what it signals 14:40 – The bigger picture: NIL and institutional power 15:12 – Who has the power right now 16:59 – Takeaway for HR professionals and executives 17:30 – Closing

    18 min
  2. Fractional HR Services - A Conversation with Scott Chase

    May 10

    Fractional HR Services - A Conversation with Scott Chase

    Overview In this episode, Scott Chase, a seasoned HR expert with 25 years of experience, discusses the importance of fractional HR for small and medium-sized businesses. He shares insights on HR strategies, common pitfalls, and practical steps to build a compliant and supportive workplace. Keywords HR, fractional HR, small business, HR policies, employee handbook, workplace culture, HR strategy, compliance, talent acquisition, employee relations Chapters 00:00 Introduction to HR and Scott Chase's Journey 03:05 Understanding the Role of HR in Organizations 05:20 Defining Fractional HR and Its Importance 07:58 Initial Steps in Client Engagement 10:46 The Cost of Ignoring HR in Small Businesses 13:04 The Importance of Employee Communication 15:31 Talent Acquisition Mistakes in Small Businesses 18:04 Adapting to New Generations in the Workforce 20:47 The Essential Employee Handbook 23:09 Valuing People Over Numbers in Business   Resources Scott Chase on LinkedIn Chief of Staff

    29 min
  3. Choosing To Live

    Apr 26

    Choosing To Live

    Summary In this heartfelt interview, Amy Sharpe shares her journey through her husband's (Greg Sharpe) cancer diagnosis, their life in Nebraska, and the importance of living fully despite life's challenges. Discover insights on faith, resilience, and the power of living in the moment. Keywords Amy Sharpe, Greg Sharpe, cancer journey, faith, resilience, Nebraska, broadcasting, family, living fully Chapters 00:00 Introduction to Amy Sharp's Journey 04:12 Transitioning to Nebraska: New Beginnings 04:53 Navigating Career Changes and Family Life 07:13 A Family Trip to Hong Kong: Joy and Reflection 09:57 Facing the Cancer Diagnosis 14:40 Living with Cancer: Emotions and Resilience 18:52 Adjusting to Life After Loss 23:17 The Role of Faith in Healing 25:00 Lessons Learned and Messages to Share 27:46 Final Thoughts and Legacy of Greg Sharpe Amy Sharpe LinkedIn

    32 min
  4. The Woman Behind The Voice

    Apr 13

    The Woman Behind The Voice

    Chapters 00:00 Introduction to Amy Sharpe 02:16 Amy's Journey in Journalism 11:51 Navigating the Challenges of Being a Female Anchor 16:00 Memorable Stories from Amy's Career 18:35 Meeting Greg Sharpe: A Personal Connection 21:34 The Evolution of Their Relationship 24:38 Transition to Nebraska and Supporting Greg 27:07 Foundation of Their Relationship Before Challenges 29:36 Shifting the Power Balance Outro.mp3

    30 min
  5. When Workplace Culture Becomes a Liability

    Apr 1

    When Workplace Culture Becomes a Liability

    Workplace culture can look polished on the outside while hiding toxic behavior and serious legal risk underneath. In my follow-up conversation with Fractional General Counsel and Attorney Tim Papuga, we discuss:  • Defining workplace culture as lived values  • Reading culture quickly through respect, trust, and accountability  • Separating a single bad actor from a leadership and culture failure  • Understanding why policies and handbooks fail without real enforcement  • Clarifying the at-will employment myth and how it fuels bad decisions  • Why conducting workplace investigations is important  • Choosing internal vs external investigators based on size, power dynamics, and credibility

    30 min
  6. The Role of General Counsel

    Mar 24

    The Role of General Counsel

    In this episode, Tim Papuga, a seasoned legal expert and founder of VersaGC, shares insights on the intersection of legal counsel and business strategy, emphasizing the importance of culture, legal foundations, and the innovative Fractional General Counsel model for small and medium-sized businesses.   Keywords Legal counsel, business strategy, workplace culture, fractional GC, labor law, HR, organizational development Key  topics Legal and business strategy intersection Fractional General Counsel model Workplace culture and legal issues

    29 min
  7. Building Bridges to Power - A Conversation with Scott D. Hamilton

    Mar 16

    Building Bridges to Power - A Conversation with Scott D. Hamilton

    Shifting the Power Balance: Building Bridges to Power A Conversation with Scott D. Hamilton What does power really look like—and who gets to use it? In this episode of Shifting the Power Balance, I sit down with Scott D. Hamilton to talk about leadership, service, and the long game of creating opportunity. Scott’s journey is anything but linear: from law school to the energy sector, and ultimately to leading the Urban League of Arkansas. Along the way, he’s learned how institutions work, why relationships matter, and what it actually takes to move systems that were never designed to be fair. We talk candidly about how Scott’s early experiences shaped his view of advocacy, the influence of his family’s civic legacy, and the moment he chose to leave a successful corporate career to return home and serve his community. This is a conversation about power—not as something to hoard, but as something to build, share, and sustain. In this episode, we explore: How law school shaped Scott’s understanding of advocacy, influence, and responsibilityWhy education, curiosity, and resilience are essential tools for overcoming barriersThe lasting impact of family legacy and his father’s example of civic leadershipWhat led Scott to return to Arkansas and step into leadership at the Urban LeagueHow trust, relationships, and cross-ideological collaboration drive real community changeWhy zip code and access to quality education still determine so many life outcomesPractical ways to build power through relationships and shared goalsHow to work across ideological differences without losing your valuesThe role of voter participation in creating durable systemic changeWhat gives Scott hope—and the legacy he hopes to leave behindThis conversation is thoughtful, honest, and grounded in lived experience. If you care about leadership, equity, and building pathways to opportunity, this episode will challenge how you think about power—and what you can do with it.

    1h 15m
  8. What is Reasonable - Where Sports, HR, & Law Collide - KSU Firing of Jerome Tang

    Mar 2

    What is Reasonable - Where Sports, HR, & Law Collide - KSU Firing of Jerome Tang

    Summary In this episode of Shifting the Power Balance, guest host Rudy Davis and show creator and host Dwayne Smith delve into the controversial firing of Kansas State basketball coach Jerome Tang. They explore the legal and procedural aspects of the termination, emphasizing the importance of due process in employment law, especially for public institutions. The discussion highlights the changing landscape of college athletics, the implications of NIL agreements, and the potential reputational harm to the university. Smith discusses that the way K-State handled the firing could have significant legal repercussions, particularly regarding the failure to follow established procedures and the labeling of Tang's actions as immoral.  takeaways - K-State had the right to fire Jerome Tang, but was the process flawed? - The firing is more about labor and employment law than sports law. - Due process is crucial for public employees like Tang. - K-State's decision could set a precedent for future coaching contracts. - The landscape of college sports has changed with NIL agreements. - Cultural building in teams is still possible, but requires strategy. - The definition of 'for cause' in contracts is complex and significant. - Governance and oversight are critical in termination decisions. - Reputational harm claims must be substantiated with evidence. - The failure to follow due process can lead to significant legal consequences.   Chapters 00:00 Introduction to Shifting the Power Balance 02:56 The Firing of Jerome Tang: A Case Study 10:06 Understanding For Cause Termination 12:42 The Role of Due Process in Employment 16:01 Comparative Analysis of Coaching Terminations 21:11 Legal Implications of Firing a Coach 27:30 The Impact of Governance on Decision Making 32:02 Reputational Harm and Its Defensibility 37:26 The Importance of Procedural Due Process 42:47 Broader Implications for Kansas State University

    49 min
  • 8 Episodes

About

Shifting the Power Balance is a workplace law and HR strategy podcast hosted by Dwayne Smith, a leading legal authority and experienced workplace attorney focused on navigating workplace conflict, reducing risk, and strengthening employee-employer relationships. Created for business owners, C-suite executives, entrepreneurs, HR directors, and organizational thought leaders, this podcast addresses workplace harassment, HR violations, power dynamics, employee handbooks, and the real-world decisions that trigger legal exposure. Each episode delivers practical guidance on: Navigating workplace investigations and harassment claimsManaging employee relations before they escalateCreating legally sound employee handbooksUnderstanding power imbalances that lead to conflictReducing liability, insurance claims, and compliance riskCreating productive and successful organizations by making each employee feel valuableClear insight. Real examples. Actionable leadership strategies for modern workplaces.

Information

  • Creator
    Dwayne Smith
  • Years Active
    2K
  • Episodes
    8
  • Rating
    Clean
  • Copyright
    © 2026 Shifting The Power Balance
  • Show Website
    Shifting The Power Balance