Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 AUGUST 2014

6 Factors For Managers In Deciding Whether To Document Conversations With Employees

Fox Rothschild LLP
Fox Rothschild LLP
Contributor
Explore more from Fox Rothschild LLP

Despite the popular saying, possession is not 9/10ths of the law. Judging by my desk, if anything is 9/10ths of the law, it’s documentation.

United StatesEmployment and HR
Jeffrey Polsky
Jeffrey Polsky
Author LinkedIn connections

Despite the popular saying, possession is not 9/10ths of the law. Judging by my desk, if anything is 9/10ths of the law, it’s documentation.

Lawyers are always asking their clients for documents. But in the real world (or so I’ve heard from people who’ve been there), it’s not realistic to ask managers to document every conversation with an employee. So how should a manager decide which discussions to document? These six factors will help you decide.

  1. Is the employee using buzzwords? If there’s any mention of “discrimination,” “retaliation,” “harassment,” or the like, you’d better document it. I’ve talked about how the definition of “hostile work environment” has been stretched beyond recognition. But if it’s mentioned, better document that, too.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Countdown To Compliance: Employer Preparations For Nov. 2026 OSHA HazCom Deadlines

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

California SB 923 Expands CCPA Deletion Rights: How It Compares To The DELETE Act And DROP

Beginning January 1, 2027, consumers will be able to request deletion of covered personal information that a business collected “from or about” them. This is a significant expansion from the current CCPA language that only applies to information collected “from” the consumer. This may include appended contact information, demographic data, marketing segments, identity-resolution data and other information used to enrich a consumer profile.
United StatesPrivacy
Fox Rothschild LLP
Fox Rothschild LLP