Marquee Background
Marquee Background

OK at Work

Labor and Employment

Understanding Employee Performance Shifts

September 22, 2026

By Russell B. Berger and Sarah M. Sawyer

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss balancing consistent performance-management policies with EQ and common sense when managing people. They explain that when a previously strong employee’s performance declines, it may signal personal struggles rather than a work-related issue. Building trust, training managers, and holding regular check-ins can help identify issues early, reducing the need for PIPs or reprimands and limiting negative cultural or reputational impacts. Drawing lessons from the pandemic, Sarah and Russell emphasize that employees are often dealing with stressors. Thoughtful support from their managers can help employees get back on track.

This content is unavailable due to your cookie consent preferences.

Click here to adjust your preferences.

Resources

Related Services

Available everywhere podcasts are found, including:

Apple Podcasts

Spotify

Firm Highlights

  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.