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This is definitely an issue I’ve encountered as well and it certainly is a tricky issue because I don’t want to come across as rude or demeaning, but at the end of the day, you’re the lawyer and they aren’t. I’ve told this directly to the HR personnel before (obviously in as polite of a way as possible) but sometimes it still doesn’t stick, at which point I politely inform them that legal disagrees with HR’s guidance and will be making management aware of the fact directly. I usually then send whichever management official I’m dealing with an email , cc’ing HR, that lays out the issue, HR’s perspective and why legal disagrees. At least in my situation it’s the role of HR and legal to advise, so I put that and that it’s ultimately their decision as management. I think having it in writing and directly to the manager is a good call for CYA purposes and when management sides enough times with you, the people in HR tend to get the hint...eventually.
I've experienced this before and after the "nice" approach I had to resort to the "stay in your lane" approach. It can cause tension but in the end of the day it's your responsibility to ensure members of management are not giving bad or wrong advice, ESPECIALLY legal advice. The only reasonable way I could get this point across was explaining the potential consequences of their actions. If the "stay in your lane" approach is too aggressive for your liking then you can go with the "let me do my job" approach as well.
Totally agree with A1. Put it nicely in writing to the HR folks and keep the email. CC the GC if you aren’t GC. Say you disagree. It is ultimately a business decision (unless it is downright illegal, stupid isn’t illegal-a discussion for a different day!!!), in which case you have done your job and rendered the advice and let GC know. As GC myself, I would go to my supervisor, the CEO. That usually gets their attention. Your duty (as I know you know) is to the organization, not to the feelings of anyone in HR.
I have and what I have done recently is to get my outside employment counsel on the line with me and the HR Director. Outside counsel almost always confirms my advice. I am not an employment lawyer by training so it lends a little gravitas. After the first few times, the issue has mostly abated. Also, if I am unclear on an issue, I consult with outside counsel in advance.
Thank you all, this is all very helpful. I’m going to start implementing a lot of what you all said. This issue makes it very difficult for me to work so I appreciate the tips!!
None of the HR personnel are attorneys. But, they will tell me my legal advice is wrong (it’s not) in front of clients (managers), try to “school” me on the law, and then frequently reference cases they find online and give bad advice based on their misinterpretation of the case law. I correct them frequently but since I’m younger than all of them, they have no respect for me. I have no idea what to do or how to handle it, so any advice is welcome!
I check that shit immediately. I’m super nice. Super gay and a minority. If you give legal advice that is ignored and you are counsel or a VP then you need to tell your GC or SVP immediatey