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Should You Tell HR You Have a Lawyer?

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Should You Tell HR You Have a Lawyer?

When employees encounter issues within their workplace that escalate to conflicts or legal concerns, the Human Resources (HR) department is often the first point of contact. However, whether turning to HR will effectively address and resolve these issues depends on various factors. At the Law Office of Jeannette A. Vaccaro, we’re committed to helping employees understand the implications of informing HR about having legal representation. Call our attorney to discuss the specific factors involved in your case. 

Understanding HR’s Role and When to Involve an Attorney

The HR department handles administrative functions within a company, which can include tasks related to recruitment, addressing employee grievances and more. Ideally, HR acts as a neutral intermediary capable of resolving conflicts impartially. Yet, this is not always the reality since there are instances when HR is primarily focused on safeguarding the company’s interests. This possible bias towards protecting the company can sometimes result in a lack of genuine concern for the employee’s rights, especially when legal issues are involved.

Are There Benefits to Speaking to HR?

Approaching HR with a grievance can initiate formal documentation of your issue, potentially compelling the company to address it to avoid legal complications. In instances where the company takes corrective action following a complaint to HR, the issue may be resolved satisfactorily without necessitating further legal steps. Additionally, if the situation escalates to a lawsuit, having a record of the complaint can strengthen your case by demonstrating the company’s awareness and inaction.

What Employees Need to Consider

Some employees may fear heightened scrutiny or even retaliation despite such actions being unlawful. Employers and HR departments may perceive the involvement of an attorney as a prelude to litigation, potentially leading to a defensive and less cooperative stance. Furthermore, any statements made to HR can be meticulously analyzed and potentially used against you in future legal proceedings.

It is crucial to recognize that while HR can be a resource for conflict resolution, its primary allegiance often lies with the employer. This duality necessitates careful consideration and strategic planning when deciding to disclose the involvement of legal counsel in employment disputes. No matter what your situation is, it’s important to remember that seeking legal representation can help you navigate the challenges in front of you. 

The Role of an Employment Law Attorney

Consulting with an employment law attorney before approaching HR provides several advantages. An attorney can evaluate the validity of your complaint, advise on the best course of action and prepare you for possible outcomes. In cases of retaliation or wrongful termination following a complaint, having an attorney ensures that your rights are vigorously defended. Legal counsel also provides a buffer between you and the company, allowing for more strategic communication that safeguards your interests.

Weighing Your Options

When facing workplace issues, employees should speak to an attorney before making any decisions. The choice depends on the specific circumstances of your situation, the nature of your complaint and the company culture. Seeking legal advice prior to making any disclosures can help you navigate these considerations, ensuring that your rights are protected while striving for a positive outcome.

Seek Guidance From an Attorney

The decision to inform HR about having a lawyer is nuanced and demands a comprehensive understanding of your legal rights and the potential ramifications. In many cases, it’s important to seek legal advice before proceeding. At the Law Office of Jeannette A. Vaccaro, we stand ready to guide you through this intricate process, leveraging our skills in employment law to advocate for your rights and interests. If you find yourself in a challenging situation at work, call for a consultation

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Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

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