Learn how HR can effectively mitigate the risk of employee litigation by consulting legal counsel and implementing consistent complaint resolution processes. Prepare for your SHRM Senior Certified Professional certification exam with this sample question and expert explanation.
Table of Contents
Question
Which action would best assist HR in mitigating the risk of litigation?
Answer
Consult with the company attorney and prepare for complaints. HR can best mitigate the risk of litigation by consulting with employment lawyers and preparing appropriate processes that address potential complaints in such a way as to ensure a prompt, consistent and legally safe response.
Explanation
The best action HR can take to mitigate the risk of employee litigation is to consult with the company’s attorney and prepare standardized processes for handling complaints.
There are several key reasons why this proactive approach is optimal:
- Involving legal counsel early allows the attorney to provide guidance on relevant employment laws and advise HR on how to structure complaint procedures to maintain compliance and minimize legal exposure. The lawyer can identify potential risks and pitfalls to avoid.
- Establishing consistent, well-documented complaint resolution processes demonstrates good faith and helps ensure employee grievances are handled promptly, thoroughly and fairly. Ad hoc responses increase the likelihood of missteps and disparate treatment.
- Formal complaint procedures provide due process, giving employees an official channel to voice concerns. This can prevent issues from escalating into external complaints filed with government agencies or lawsuits.
- Having attorney-approved protocols in place positions the company to mount a stronger defense if litigation does arise, as it shows reasonable steps were taken to address issues internally through proper channels.
- Proactively preparing for complaints allows HR to respond efficiently and confidently when issues surface, rather than scrambling reactively in a crisis. Advanced planning and training facilitate decisive, legally sound action.
In summary, HR best mitigates litigation risk by being well-prepared – engaging legal counsel for expert guidance, implementing robust complaint resolution processes, and training the HR team to handle employee grievances skillfully, consistently and in full legal compliance. This positions HR to prevent complaints, resolve issues constructively, and minimize the company’s exposure if faced with a lawsuit.
SHRM Senior Certified Professional (SHRM-SCP) certification exam practice question and answer (Q&A) dump with detail explanation and reference available free, helpful to pass the SHRM-SCP exam and earn SHRM-SCP certification.