A while back, I had a good discussion with a colleague on a topic with no real firm answers. No, it wasn’t on whether the Yankees are better franchise than the Red Sox. The answer to that is unequivocally yes. (Sorry, Sox fans.) Rather: When is a employee-related issue a legal one? Or alternatively, when can human resources handle the issue on it’s own? What comes to mind at first is the old Justice Potter Stewart quote of, “I know it when I see it” but that seems unsatisfying. For some smaller employers, the answer may lean more heavily towards “legal” in part because there may not be an in-house human resources professional to call on. But on the flip side, there are some other employers that might rely heavily (perhaps overly so) on their HR contacts to handle matters, trying to avoid unnecessary legal expenses. What I’ve concluded is what I’ve started with — there are no real answers to the question. But I can outline...
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