University of Kwazulu-Natal

When To Go To Hr And When To Go To Legal Connected Hr

Bonisiwe Shabane
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when to go to hr and when to go to legal connected hr

Workplace issues sometimes place employees and employers in complex and difficult situations where the next steps are not always clear. And when it comes to rules, regulations, and laws, the stakes can be high for businesses and their owners. Understanding when to involve Human Resources (HR) versus when to escalate matters to legal counsel is critical for addressing concerns effectively and protecting both the company and its employees. Business owners want to keep their employees safe and they want to do things the right way. Over many years of working closely with hundreds of companies across different industries, I’ve seen many businesses get themselves into situations where they have to bring in an employment attorney when something suddenly goes... It ends up costing them a lot more money than it would have had it been handled correctly from the start.

First, let’s understand the primary role of HR. HR is the frontline resource for most workplace concerns. But it can also be seen as the “catch-all” department. HR’s primary responsibility is to foster a positive work environment, ensure compliance with internal policies, and support both employees and management in resolving conflicts. So, reach out to HR in the following situations: In any workplace, understanding when to approach Human Resources (HR) versus when to bring an issue to your immediate leader is a skill that can make all the difference.

HR is often seen as the “go-to” for any and every workplace issue, but not every problem needs to go to them directly. In fact, there are many situations where discussing an issue with your manager first is the most effective approach, allowing for quicker resolutions, more personalized support, and open communication. Knowing when to involve HR, and when to approach your leader, not only helps you handle issues more effectively but also builds a foundation of trust and communication within your team. In this blog, we’ll explore three scenarios where we’ll break down who is best suited to address each situation and provide guidance on when and how HR can refer issues back to a reporting... HR serves many roles within an organization, but their primary responsibilities revolve around maintaining company policy, ensuring legal compliance, and supporting employee well-being. Managers, on the other hand, handle day-to-day team operations, performance management, and goal setting.

Knowing the difference can save time, maintain healthy team dynamics, and ensure that problems are addressed in the right place. Here’s a general breakdown of what typically falls under HR’s scope and what’s better suited for your leader: Situation: You’re working closely with a team member on a project, but your personalities and work styles clash. Small disagreements have escalated into a pattern, impacting your productivity and making collaboration challenging. If you’re like a lot of people at work, you’re not entirely sure what HR does—and when you should or shouldn’t seek their help, and whether you can trust them when you do. Some people think HR is a sort of referee between employees and management (they’re not!) or between employees and other employees (they’re usually not that either).

So what is HR all about, and when should you approach them? Human Resources covers a huge range of things: benefits, compensation, personnel policy, legal compliance, investigations, hiring assistance, employee relations (which can be anything from identifying and addressing employee complaints to helping a manager address... In larger organizations, these functions are generally separated within HR; you’ll typically find a group of HR staff who are dedicated to recruiting and hiring, another group dedicated to compensation analysis (like benchmarking salaries... Employees often don’t see a lot of what HR does. HR might be most visible to you when you’re first hired since they’ll generally be involved in your hiring and onboarding… but there’s a lot going on behind the scenes. You often hear people say, “HR works for the company, not the employees.” That’s 100 percent true!

But that doesn’t mean that HR is inherently untrustworthy or that you should expect them to be adversarial if you go to them with a problem. It just means that HR’s function is to serve the needs of the company. In many cases, serving the needs of the company also means serving the needs of employees—for example, with things like ensuring the company is offering competitive salaries, addressing bad management, and working to raise... But other times, what’s best for the employer won’t be what’s best for employees. When that happens, the employer’s interests are the ones that will govern because that’s who HR works for. Good HR people do care about what’s fair and right… but keep in mind that their job is to assess issues through the lens of what makes sense for the company.

Your company’s human resources (HR) department is often pitched as an employee advocate—the place where you take problems or concerns. But most employees know by now that HR—or, in some start-up environments, "the people team"—isn’t really intended to protect you, the human resource in question. Instead, HR works to protect the company’s interests more than anything. And the way job hunting has become a grueling gauntlet of ghost jobs, endless interviews, and zero responses from HR representatives hasn’t exactly endeared HR to workers. In fact, research shows that more than 70% of employees don’t trust their HR department. While it’s true that HR departments work for and protect the company, not you, that doesn’t mean they’re useless.

First and foremost, the people who make careers in human resources want to do a good job, and often get into the field from a desire to help their coworkers. And your HR department can actually get a lot done for you, and not trusting them doesn’t necessarily mean you don’t utilize them when it makes sense. The trick is knowing when your company’s interests coincide with your own, making it not just safe to work with HR, but advantageous. There are several scenarios when human resources is your best bet to resolve a situation: Paperwork. The most obvious time it’s OK to knock on HR’s door is when you’re dealing with the mechanics of being employed—changing tax forms, signing up for optional benefits, taking advantage of career development programs,...

That’s one huge part of what HR does, and it’s very unlikely that these kinds of innocuous interactions will have any kind of negative blowback—and you probably don’t have any other option, anyway. You’ll also need to go to HR for certain government programs and protections, like signing up for the Family Medical Leave Act if you need to take a leave of absence for an emergency. In those cases you can rely on HR to do exactly what you expect them to do. One of the most important internal relationships for an in-house legal department is its relationship with the human resources (HR) team. HR deals daily with multiple legal issues and, potentially, some of the most headline-grabbing litigation involving employees and their claims alleging mistreatment, discrimination, malfeasance, sexual harassment, and more. This is why it is important that the legal department and the HR team cooperate and align on how to best protect the company from employment-related issues.

Here is a checklist of several ways the two departments can best communicate and work together: There is an endless supply of issues and concerns that the legal department and HR share. The checklist above is a good start but the real takeaway is the importance of setting up regular meetings between the two groups. The company will benefit from the legal team taking a proactive and strategic role in identifying areas of employee risk and working as a partner to minimize problems down the road. If you subscribe to Practical Law, you have a myriad of employment law resources available to you from sample policies and checklists to practice notes and training materials — all just a mouse click... Practical Law for startups and small businesses offers everything you need to grow and support your business at every stage

In the business world, there's a myth that the Human Resources department and the Legal department have relationships that are more than complex. Would you agree? Some would say they are “Frenemies”. The two departments are equally essential to the smooth functioning of an organization, yet they are often caricatured as having completely different cultures, working methods, and concerns. Rivals? Maybe, especially as there can be confusion about the role and mission of each team.

Who does what? Which vision (HR or Legal), should prevail in decisions? Moreover, the rest of the organization believe that they operate in strictly separate spheres. But, how wrong they are. That belief is too simplistic. It’s true that the missions of HR and Legal are intrinsically linked, and their collaboration is, on the contrary, ESSENTIAL for the business.

So, how can we work towards the "great reconciliation" or bringing these two key departments together to work harmoniously and productively? As a fervent advocate of harmony, (and someone who hates conflict), I present 7 tips below that are drawn from leadership and management best practices, endorsed by me personally, as I have actually put... Enjoy! Understanding when to seek help from Human Resources (HR) versus when to hire a lawyer is crucial in certain situations. At Olivier & Schreiber PC, we pride ourselves on assisting our clients to make informed decisions. In this blog, we will discuss the importance of knowing when to go to HR versus hiring a lawyer and how we can help in both scenarios.

HR departments serve as the intermediary between employees and managers when conflicts arise. They are tasked with maintaining a healthy work environment and protecting employees’ rights. Filing a formal complaint with HR can indeed fortify a potential lawsuit against your employer, should it come to that. Remember that HR primarily exists to shield the company’s best interests. Their capacity or willingness to handle serious employment law-related complaints may not always be in line with your expectations. Furthermore, a valid concern for many employees is the risk of retaliation or even termination for reporting unlawful behavior.

This is why seeking outside legal counsel may be necessary. In situations involving wrongful termination, discrimination, and harassment, the role of a lawyer becomes pivotal. Lawyers bring legal experience and guidance throughout the process. They can assess the validity of a complaint and advise on the best course of action. Moreover, if you experience retaliation or termination for reporting unlawful behavior, this can be further grounds for legal action, which a lawyer can guide you through. Every situation is unique and calls for a tailored approach.

If you believe your rights have been violated by a business or employer, or if you have lost money due to a company’s wrongful conduct, seeking professional advice is paramount.

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