When is Your Employer Required to Allow You to Bring a Lawyer to a Meeting at Your Office?
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Can you bring a lawyer to your meeting with HR? When must your employer allow you to bring a lawyer to a meeting? This episode is perfect for anyone navigating the litigation process in an employment law case and seeking insights into protecting their rights.
These meetings with HR can often feel like a legal interrogation, with the employee in a vulnerable position. In this episode, Tom shares his proactive approach to preparing for these meetings so you feel ready, empowered, and confident as you go into meeting with HR.
Chapters and Key Insights
(00:00) The Right to Legal Representation in HR Meetings
In a typical scenario, an employee who has reported workplace harassment or other wrongdoing may be called into a meeting with HR. People often ask if they can bring a lawyer to such meetings for protection and guidance.
(01:21) Exceptions to the Rule
Though employees are not typically entitled to have a lawyer present in HR meetings, there are exceptions to this rule. Tom explains the circumstances for these exceptions.
(04:10) Preparing for the HR Meeting
HR meetings can be delicate, and employees must be cautious about what they disclose. While HR meetings may be conducted for legitimate investigative purposes, there are instances where HR may try to use the meeting to elicit information that could be used against the employee in the future. Employees should be careful and seek legal guidance in navigating such meetings.
(08:48) Criminal Liability and the Right to Counsel
In rare cases with potential criminal liability, such as when law enforcement is involved, employees have the right to retain legal counsel before engaging in discussions. Employees should be aware of their rights in these scenarios and refrain from speaking until they consult an attorney.
Navigating HR meetings can be complex, and understanding your rights regarding legal representation in these meetings is essential. While employees may not always have the right to bring an attorney to HR meetings, there are circumstances where legal representation is imperative.
Employees can protect themselves and their interests in HR settings by being aware of their rights and seeking legal advice when necessary.
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Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.
60 episodes