When do you need an Employment Law Attorney vs. HR Generalist?

When do you need an Employment Law Attorney vs. HR Generalist?

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When a company is forming, an HR Specialist is at the top of the list to hire. There are many reasons for needing an HR specialist. For one, they will help protect your business in the future, and also help build a positive culture where employees feel heard and valued.

You might hear different phrases thrown around like “HR Generalist” or “Employment Law Attorney” in the workplace, each role has a different purpose, and understanding the difference is important for any business owner.

HR Generalist

An HR Generalist handles everyday Human Resource matters within a company. This can mean any of the following:

Handbooks
Employee Conflict
Upper Management Conflict
Terminating Employment
Onboarding
Payroll
Benefits Administration
Paid Time Off and Leave
Enforcing Company Policies

Let’s narrow down one of those topics and the impact that an HR Generalist would have when talking about an Employee Handbook as an example.

An employee manual is not only a resource for employees but also for an employer as well. An employee manual is a book or online PDF containing employees’ and employers’ guidelines to reference for all job-related information.

Tues. When do you need an Employment Law Attorney vs. HR Generalist? 5th

Most HR representatives consider the employer’s handbook as an active document. This means that throughout the year when policies and employment laws change, notes can be added and reviewed.

It is important to note that creating and maintaining employee manuals within California is much more difficult than in other states as policies and guidelines are constantly being adjusted. It’s almost impossible to keep up, which is why adding notes and using the employee handbook as an active document is a helpful practice to follow.

An HR Generalist typically falls under the “T-Shaped” skill set. Meaning that they have a direct line of deeper knowledge of specific subjects and skills, with an overarching umbrella of general HR knowledge.

Employment Law Attorney

An HR Attorney and an Employment Law Attorney are the same things.

Picture this: Your business is thriving after a couple of years of operation, more employees are being hired and you’re proud of the work culture you have worked hard to cultivate in partnership with your HR Generalist.

Then a former employee comes back and wants to sue the company for unlawful termination.

What now?

Your HR Generalist is not fully equipped to handle the severity of this situation, so you must hire an HR Attorney to manage the lawsuit.

An Employment Lawyer will bring a specific skill set of expertise to your business, giving you the tools you will need to prevail in an unlawful termination lawsuit. Some other situations where an employment lawyer might be necessary to hire include: