HR Personal Liabilities/Responsibilities
tonnieb
1 Post
Good morning all HR! I am in desparate need of help. I was appointed Human Resource Director 4/06. I am well aware that I have personal obligations to make sure certain rules and regulations are followed and that all employees are treated fairly. We have had a change in management. Our current managment team does not have the opinion that HR needs to be involved in quite a few activities like interviewing, selection, or evaluations. I feel akward knowing some things should be handled differently and have no control or influence over the management team.
So the question is, can anyone help me find cases or documentation on personal liability of the Human Resource representative of a Corporation?
Any Help you can provide is greatly appreciated.
Comments
You are liable under some laws but not others. Helpful, aren't I? [8-)]
Actually here is a link to an update on personal liability for HR Personnel:http://www.ppspublishers.com/articles/personnel_policy_update.htm
FMLA obstruction, and all forms of discrimination are the most common culprits.
One way that you can prevent liability from coming back to you when you know something is being done improperly is to document that you have communiacted the existence of a problem and offered to advise or train how to deal with the problem situation differently. For example, you could send an email and BCC: or, more boldly, CC: your private email account to record that you have expressed your concerns. It would help if you indicate in the email that you are not empowered to correct the problem yourself if you are taking it to a higher level. For example, in talking to the manager's director about the problem you see, it would be wise to explain that you are not empowered to intervene and prevent these dangerous or illegal practices from occuring. In having to make your own complaint about discrimination and the like, that actually also protects you in a way by ensuring that any action taken by the Company against you must be clearly non-retaliatory.
If you are the Director of HR for the Company, you should be able to express your concerns to top management. Lettnig top management know that they, too, may have personal liability should any of this get out of hand may make them more interested in hearing yuo out.
Hi
First off I sympathize with your situation. I have been at companies in the past where senior management does not get the value of HR and shuts them down. Here's how I'd handle it.
The first thing I'd do is ask your direct manager or senior staff what are their reasonings for you not to be involved in these items? Did they have a bad experience with HR's involvement in the past?
The second thing I'd do is bring up a few points as to why HR needs to be involved form a legal perspective:
1. HR can counsel all hiring managers on the things that should be and should not be said during an interview
2. HR is/should be responsible for conducting any backgrounds checks/drug screens/reference checks. This ensures they are getting conducted properly, legally and consistently.
3. HR should also be involved in employee evaluations to ensure that all evaluations are conducted fairly and that issues that are brought up by employees regarding any issues of discrimination, un fair treatment and dissatisfication are handled propmptly and properly.
Without HR's critical involvment in these tasks, the company is opening up itself for countless opportunities for lawsuits, employee resiginations and other moral problems. You can scare them by saying that the average sexual harassment and/or discrimination suit award is nearing over $250,000+. It's been as high as $7million. HR is the neutral party invovled in ensuring that both the company and its' employees approach each employee related matter fairly and within the law.
Lastly, if you get no where in your efforts to get yourself involved in day to day activties, polish up your resume and get the heck out of there. I highly advise you not staying at a company that does not value and utilize the HR function.
Best of Luck,
Leslie