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Additional Posts in In-house Counsel - labour and employment
Bowl Leader
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Do you actually want to review every termination? If not, a better way might be to identify risk factors/specific situations that you want to review so you don’t get every single one on your desk. Might be manageable with that many employees, but depends on your turnover.
Agreed with above. Train HR to come to you when necessary
Bowl Leader
You would have to do an assessment first on HR capabilities, which varies widely. If you have competent and trained HR, I’d say I agree with the above. If you have pretty incompetent or trigger happy HR, at 2K size probably less risky to be looped in to most of them. Assuming this is all in the US where it’s pretty straight forward as a hire/fire at will situation, otherwise if there’s any European/Asian/MEA regions in the mix it gets super risky.
Agree to the training HR bit, but some stuff is trainable and other stuff you’d have to have a lawyer working in HR to spot the risks.
Limited to US. We're closer to 8k globally. Our HR team is mixed between very experienced and completely novice with the novice people being trained in ER (Gives me heartburn just thinking about it). I know at some other companies legal does sign off on all involuntary terms and it creates a non privileged paper trail setting out justification for termination.
We are working on training but it's slow and employment isn't my only focus though at our size it should be nearly 80% of my focus. I also handle US litigation, US purchasing (mostly indirect), US data privacy, and all issues for our us subsidiaries (including commercial work) plus anything else not otherwise categorized (I'm the catch-all guy).
I have all terms that aren’t attendance related pass through me. Main thing I focus on is documentation and statements in the event the EE turns around and files an EEOC charge. Also review the EE’s statement to make sure they don’t levy allegations against someone or the company to avoid possible retaliation claims. If they do, we initiate a global investigation to investigate or resolve all issues prior to term. I also have HR tell me if the EE had an ADA, FMLA, or WC issues in the prior 6 months.
Thanks for the info on your process