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OK at Work

Labor and Employment

Strategies for Reducing Legal Risks through Communication and Performance Management

April 7, 2026

By Russell B. Berger and Sarah M. Sawyer

Attorneys Sarah Sawyer and Russell Berger discuss how day-to-day employee management affects both team performance and legal risk, noting that unhappy employees are more likely to sue. They emphasize that performance management, documentation, coaching, and performance improvement plans are important, but should not be treated as mere box-checking. Instead, managers should focus on having effective conversations that actually change behavior and prevent issues from escalating to legal problems. They highlight the importance of clear expectations, thoughtful messaging, and understanding each employee as an individual, since there is no one-size-fits-all approach.

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