When employment relations issues and matters of legal compliance arise in a company, many employers are often unclear as to whether they need to contact an employment attorney right away or first utilize their own internal HR manager/director/specialist.
Since engaging an outside legal counsel can often be very costly, it is usually a good idea to utilize existing internal HR personnel and resources first.
An HR manager/director will typically research all the company’s policies, employee handbook, precedents already set by the company, government and HR Web sites and other available internal resources before recommending whether the company should escalate the matter and engage outside counsel for a resolution.
Experienced and certified HR professionals are typically well-acquainted with where to locate private and public sources online for valid HR information, such as the Web site for the Society for Human Resources Management, local HR management associations such as Dallas HR.org and HR Tools. They also know where to access public Web sites such as the Department of Labor, the Internal Revenue Service and the Equal Employment Opportunity Commission.
When a company makes the decision to escalate an issue to an outside attorney for legal expertise, or for drafting documents, such as an employment contract or a separation and release agreement, it is much more beneficial and cost-efficient for a company to hire an attorney who is knowledgeable and experienced in employment law.
Some companies may try to utilize a general counsel, a friend or an attorney they already know or have used in the past who specializes in another area besides employment law.
Employment law is a unique field, and it can be cumbersome and often more costly for an employer to work with a general counsel who must take the extra time necessary to research an unfamiliar field that is not his/her particular area of expertise.
As a Senior HR Specialist with a Professional Employer Organization (PEO), I typically advise my customers to call me before they engage and pay an outside attorney to assist them with such matters as drafting employee handbooks and release and separation agreements or conducting employment terminations or layoffs.
Often, by contacting me first, client companies can take advantage of the fee-inclusive services offered by my company and avoid paying an outside legal counsel for these same exact services.
Utilizing internal personnel first and other available HR resources may not always eliminate the need for outside legal counsel, but you will certainly be much better prepared to work with your outside legal counsel in a more effective and cost-efficient manner.