Why Does HR Seem to Hate You?
By Jeff Altman, The Big Game Hunter
If you’ve ever worked in corporate, you may have noticed a seemingly adversarial relationship between human resources (HR) and the employees they support. In this post, we will explore why HR sometimes appears to have a negative attitude toward employees and discuss the reasons behind this dynamic.
Understanding the Context
To gain a deeper understanding of HR’s perspective, we have invited Branigan Robertson, a labor attorney from California, to share his insights. Branigan specializes in cases involving wrongful termination, harassment, retaliation, and other employment law matters. He explains that HR’s primary role is to facilitate the smooth functioning of the workforce and minimize risks for the company. Unfortunately, some employers view employees’ rights as hindrances to their profitability, leading them to instruct HR to adopt an adversarial stance. Although this approach is driven by the profit motive and the need to protect the company, it can sometimes result in HR professionals treating employees poorly.
The Impact of Legal Liability
Throughout the employment process, from the moment an individual applies for a job to the time they leave the organization, there are various measures in place to minimize potential damage to the company. These measures are primarily implemented due to legal liability concerns. For example, employers often ask applicants to sign arbitration agreements, waiving their right to sue the company in court. Although arbitration can be problematic for employees due to potential biases, it is a common practice that limits the company’s exposure to legal action.
The Application Process
During the application process, employers use various tactics to protect themselves. For instance, they may include clauses in application forms that require applicants to agree not to sue the company for false information provided on the application. Additionally, employers reserve the right to withdraw a job offer if anything in the background check comes back as false. While these measures can seem stringent, they serve to safeguard the company’s interests and limit potential legal liability.
The Employment Relationship
Once hired, employees often encounter performance appraisals, which are essential for providing feedback and planning for succession within the organization. However, from an HR perspective, performance appraisals also serve as documentation to support adverse employment decisions, such as termination. HR relies on these appraisals as evidence to justify terminations and protect the company against potential lawsuits. It is crucial for employees to be aware of the significance of performance appraisals and any sudden changes in their ratings, as these can indicate potential issues.
The Performance Improvement Plan (PIP)
In some cases, employees may find themselves on a Performance Improvement Plan (PIP), which is usually a precursor to termination. While it is possible to successfully complete a PIP and retain employment, employees should be cautious and proactive in their approach. It is crucial to document their progress, maintain their own records, and ensure compliance with the plan. However, employees should also consider their options and be prepared for potential termination.
Limiting Liability at Termination
When it comes to termination, HR takes several precautions to minimize liability. If the termination is unlawful, such as being based on a protected complaint or characteristic, the company is unlikely to provide the true reasons for termination. HR professionals will carefully choose their words to avoid legal repercussions. Employees should be wary if they suspect the stated reasons for termination do not align with their experiences, as this may indicate an underlying issue. Additionally, employers often present employees with severance agreements, offering a sum of money in exchange for a release of legal claims. While severance agreements can be beneficial in many cases, employees should seek legal advice to evaluate their fairness, especially in situations where the termination may be unlawful.
Conclusion
The relationship between HR and employees can often seem adversarial, primarily due to HR’s role in minimizing legal liability for the company. It is important for employees to be aware of the measures in place and understand their rights throughout the employment process. While there are HR professionals who genuinely strive to treat employees with dignity and respect, the profit motive and fear of liability can sometimes lead to negative experiences. Ultimately, employees should prioritize their own well-being and consider their options if they find themselves in an unsatisfactory work environment.
Disclaimer
This blog is for informational purposes only and should not be considered legal advice. If you believe you have been treated unfairly or unlawfully, seek guidance from a qualified attorney in your jurisdiction.
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