Organizations: Know When to Call Your Lawyer – Ask #hr bartender

Estimated reading time: 3 minutes

Today’s reader note is a good reminder for organizations about the importance of building and maintaining a good relationship with a lawyer.

An employee worked for a year but was let go due to lack of diligence. A month later, they emailed requesting all their work logs and pay stubs. My question is, do I have to provide everything they are requesting, or is there a limit on how many months’ worth of documents I need to provide? Thank you.

There is so much we don’t know in this scenario that it becomes impossible to provide a direct answer. For instance, we don’t know where the company is located and where the employee is located, which could have an impact on the answer. We don’t know what’s written in the employee handbook, company policies, etc. We also don’t know what’s been done in the past and if there’s some sort of precedent that should be taken into consideration. 

The way this note is worded immediately made me think that the organization is concerned that the former employee is asking for documentation that they might use against the organization. This prompts a whole litany of questions about why the company would think that. Placing a call to a lawyer could help the organization understand the best way to respond. 

I’m bring up calling a lawyer because, is it possible that the employee simply lost their old pay stubs? Yes, I agree, the timing is interesting. But I just spent several days without electricity because of Hurricanes Helene and Milton. There are thousands of people in Florida, North Carolina, and other places that are dealing with flooding, etc. Could it be possible their copies were damaged, and they need new ones? Talking to a lawyer might be helpful in making this decision – both for this specific situation as well as others in the future. 

That’s why today’s reader note is a great reminder that we need to know when to pick up the phone and call our legal counsel. If we suspect the worst, then we’ll want to bring legal counsel into the loop. If we don’t, then we still might want to talk with legal counsel to discuss setting a precedent. Here are a couple of additional articles that might be helpful.

5 Offboarding Activities for a Respectful and Efficient Employee Departure

This reader note talked about terminating an employee. Regardless of whether an employee is leaving the organization voluntarily or involuntarily, the exiting employee should be treated with respect, provided information, and given a checklist of things that need completion.

Companies: When to Call a Labor and Employment Lawyer

As a human resources professional, I’ve worked with my fair share of attorneys. They are smart and always there to help us run our businesses well. But we can only take advantage of their knowledge and experience if we call them. 

The organization’s legal counsel is there to provide good information that will help us manage the business and reduce risk. Yes, there’s an expense involved when we call a lawyer. But the value they provide should clearly offset the cost. As business leaders and HR professionals, we should not be expected to play lawyer. Leave it to the professionals. Today’s reader note is a good example of a nuanced situation that needs to be discussed with a lawyer.

Image captured by Sharlyn Lauby while at the Wynwood Art District in Miami, FL

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