None of us needs to be reminded of what the last few years have looked like. The challenges we have faced are new and complicated and many appear here to stay. One thing that has remained constant, however, is our need to manage our employees’ performance, whether they are working from our office or their office at home. As we know, proper documentation and managing our employees with empathy are crucial for a myriad of employee relations issues. As importantly, when it comes to discrimination, retaliation and other wrongful discharge claims, legal liability often turns on the documentation. But it’s not enough simply to document, document, document. Poor documentation is as dangerous as no documentation. The key is not only what you say but also how and when you say it. Empathy and mental health awareness are paramount and have never been more important than they are today. This session focuses on the human resources and legal issues implicated in disciplinary documentation.
Learning Outcome 1: Appreciate why performance management matters and why some organizational leaders do not engage in the process.
Learning Outcome 2: Evaluate the core elements of disciplinary documentation and identify common mistakes made during the drafting of performance management documents.
Learning Outcome 3: Examine how mental health awareness and empathy have become critical in the performance management process.
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Michael S. Cohen, J.D.
Partner
Duane Morris, LLP
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Michael S. Cohen is a partner in Duane Morris’ Employment, Labor, Benefits and Immigration Practice Group. Michael concentrates his practice in the areas of employment law training and counseling. He has trained and counseled employers throughout the country on subjects including harassment prevention; diversity, equity and inclusion; combatting implicit bias; performance management; discipline and discharge; hiring and recruiting practices; performance evaluations; FMLA, ADA and FLSA compliance; leave of absence policies; LGBTQ+ issues in the workplace; substance abuse testing; workplace violence; records retention; conducting background checks; and more. Michael also has conducted investigations into claims of harassment and discrimination and has drafted employee handbooks, employment agreements, non-compete agreements and post-termination agreements. Michael regularly conducts in excess of 200 trainings each year. He has represented clients throughout the country in EEO and other administrative proceedings.
Michael has been cited as a national authority on employment issues by The New York Times, The Associated Press, USA Today, MSNBC.com, HR Magazine, SHRM On-Line, Employment Law 360, Inside Counsel Magazine, as well as many other publications. Michael serves as an Advisory Board Member of GenHERation and as a Board Member of Serve, Inc. Michael is a 1997 magna cum laude graduate of Temple University Beasley School of Law and a cum laude graduate of the University of Pennsylvania.