When Your Organization needs an Employment Attorney

Over the years, I have worked with many employment attorneys. Almost all I have found to be more than competent, and several were exceptional. The line between HR and legal advice is fairly clear. While much of what we do in HR has the ultimate goal of mitigating risk, under no circumstances can HR offer legal advice. I commonly get asked by clients at what point they need to contact an employment attorney. Below are some tips.

Situations When You Should Consult an Employment Attorney Directly

A government official shows up at your door – In this situation you should politely ask the government investigator to take a seat while you call your lawyer. There are a variety of investigators that may visit you such as the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), the National Labor Relations Board (NLRB), and the U.S. Department of Labor (DOL). Most of these federal agencies also have state equivalents.
You are served with legal papers

Situations When You Should Consult with both an Employment Attorney and your HR person/HR Consultant

An employee complains of harassment or discrimination – An investigation will need to be performed by a trained HR professional or employment attorney as soon as possible.
You need to fire an employee – Your HR person or HR Consultant can help you make sure you have taken sufficient documentation and process steps. If you have any concerns about risk, especially if there are any extenuating circumstances, you should contact an employment attorney as well.
You need to lay people off – Any large layoffs should include consultation with an employment attorney.
You need to write or update an employee handbook – It is important that both your HR person/HR consultant AND employment attorney participate in writing or updating your employee manual. Your attorney needs to make sure you are compliant with ever changing legislation and regulation. Your HR person/HR consultant should help craft the language so that it reflects your culture and business practices. It should be a document that employees and managers understand.

If you don’t currently have a relationship with an employment attorney, you should get one. If you find yourself in a situation when you need an employment attorney, typically you need help quickly. Having an existing relationship will speed the process for you.

Patrick Rogan, AUTHOR

For the past 25 years, Patrick has helped large and small organizations meet their strategic talent needs. He specializes in developing programs that help his clients attract, manage, and retain top talent.