Documenting Performance: It Really Does Matter
Workplace Application: Learn why documenting performance is critical and what you can do to avoid the common flaws during your documentation process.
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 tell managers 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. This session focuses on the legal and HR issues implicated in disciplinary documentation. In particular, we will focus on the most common flaws of disciplinary documentation. These kinds of flaws are common to performance appraisals, so documenting performance will provide value with regard to the performance appraisal process.
Michael S. Cohen, J.D.
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.