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Yes HR can get sued personally
Rising Star
I mean it’s America, basically anyone can get sued for breathing. HR folks are pretty safe when it comes to being personally liable for any mess ups. Unless you do something particularly egregious.
Depends what industry. That’s a vague question
Yes, you can. A lot of instances come down to leaves and accommodations. It’s best to outsource these tasks to a 3rd party vendor if you can or get specialists who only do those
Tell that to my company’s lawyers 😂 There’s a case where they want to subpoena one of our former managers based on a direction she received from a senior manager still employed with us and are trying to have our current safety & hr manager sign a document saying the company can choose to not represent them if it’s not in the company’s financial best interest
Rising Star
Not that I know of.
I
Believe they can be personally named in a suit but also if it was a company decision to fight the suit, based on the circumstances, the company’s insurance may cover them…?
If your company can show you made a decision outside of the policies in place or that it was made without regard to the employee or the company in a negligent way, your company may be able to get out of the suit and leave you as the person on the hook.
This happens across so many industries and why it is important to know that no company or corporation actually cares about you and will throw you to the wolves if it saves them or makes business sense to them.
Make sure your EPLI covers and protects you and the rest of HR.
Yep. The legal term is "vicariously liable".