Can You Really Trust Human Resources?

When you face a problem at work, from a dispute with a manager to a question about your benefits, your first instinct might be to go to Human Resources. The department’s name suggests its purpose is to be a resource for humans, the employees. But many workers have learned the hard way that HR’s role is more complicated than it seems. The question remains: should employees trust Human Resources?

The reality is that HR professionals walk a fine line. They are tasked with supporting employees while also protecting the company’s legal and financial interests. This creates an inherent conflict of interest that can leave employees feeling uncertain and vulnerable. Understanding this dynamic is the first step toward navigating your relationship with HR effectively and protecting your rights. 

Glaser Labor Law will explore the complexities of HR’s role, the reasons for caution, and the signs of a trustworthy department, helping you understand when to rely on HR and when to seek external legal advice.

Understanding HR’s Dual Role

At its best, a Human Resources department serves as a crucial bridge between employees and management. They handle payroll, administer benefits, facilitate training, and mediate workplace conflicts. An effective HR team can foster a positive work environment where employees feel heard, respected, and supported. They can enforce policies fairly, ensuring a safe and equitable workplace for everyone.

However, HR’s primary legal and fiduciary duty is to the company that employs them. Their ultimate goal is to mitigate risk for the organization. This means that in any situation where an employee’s interests conflict with the company’s, HR will likely prioritize the company. 

This doesn’t necessarily mean HR professionals are malicious; it’s simply the function of their job. They are paid by the company to protect its interests, including defending it against potential lawsuits, managing its public image, and ensuring its policies comply with the law.

4 Reasons to Approach HR with Caution

Given HR’s primary allegiance to the company, employees have valid reasons to be cautious. Fully trusting HR without understanding their role can sometimes lead to disappointing or even harmful outcomes for the employee.

1. HR’s Primary Duty is to the Company

The most critical point to remember is that HR works for the company, not for you as an individual employee. While they may offer support and guidance, their recommendations and actions are ultimately designed to serve the organization’s best interests. 

This means that if you bring a complaint that could expose the company to legal liability, their primary goal will be to resolve the issue in a way that minimizes that risk, which may not always align with your desired outcome.

2. Company Interests Often Trump Employee Interests and Sometimes Their Health

When push comes to shove, HR must prioritize the company’s needs. In cases of disputes, harassment claims, or wrongful termination complaints, HR professionals are trained to conduct investigations and make decisions that protect the organization. An employee raising a sensitive issue might find that HR’s investigation focuses more on discrediting the claim to avoid a lawsuit rather than on seeking justice for the employee.

3. Potential for Bias and Favoritism

Employee trust in HR can be significantly damaged by perceptions of bias. An HR Dive report noted that inconsistency and favoritism are major reasons for a lack of trust. If employees see HR leaders protecting certain managers or siding with the company without a fair investigation, they lose faith in the system. 

This bias can make employees feel that their concerns will not be taken seriously, especially if their complaint is against a high-ranking or high-performing member of the company.

4. Lack of Guaranteed Confidentiality

While HR professionals are expected to handle sensitive information with discretion, absolute confidentiality is not guaranteed. If you report an issue like harassment or discrimination, HR is legally obligated to investigate, which means sharing the information with relevant parties, including management and legal counsel. 

Employees often hesitate to come forward with sensitive personal or professional issues because they fear their information will be shared more widely than they are comfortable with, potentially leading to retaliation or social friction at work.

Red Flags: Signs Your HR Department May Not Be on Your Side

Conversely, there are clear warning signs that your HR department may not be a safe resource for you. Be wary if you notice:

1. Dismissiveness: Your concerns are downplayed or dismissed without a proper review.
2. Blaming the Victim: HR questions your motives or suggests you are partially to blame for the issue you reported.
3. Lack of Follow-Up: You report an issue, and you hear nothing back, or no action is taken.
4. Retaliation: After you file a complaint, you experience negative consequences, such as a poor performance review, being passed over for a promotion, or being excluded from projects. Retaliation is illegal, and this is a major red flag.

When to Seek Outside Help

If you are dealing with a serious workplace issue such as discrimination, harassment, wrongful termination, or wage disputes, and you don’t feel that HR is handling it appropriately, it may be time to seek legal advice. An employment lawyer works for you and only you. Their sole responsibility is to protect your rights and advocate for your best interests.

You should consider consulting an employment lawyer if:

• You have experienced illegal discrimination or harassment.
• You believe you have been wrongfully terminated.
• Your employer has retaliated against you for reporting a problem.
• You are involved in a wage and hour dispute.
• You are a whistleblower and fear retaliation.

An attorney can explain your rights under state and federal law, advise you on the best course of action, and represent you in any legal proceedings.

Protect Your Rights with Skilled Legal Counsel

Navigating workplace issues can be challenging, especially when you are unsure who to trust. While Human Resources can be a valuable resource, it is crucial to remember that their primary obligation is to the company. By understanding HR’s role, recognizing the signs of a trustworthy (and untrustworthy) department, and knowing when to seek external help, you can protect yourself and your career.

If you have faced discrimination, harassment, wrongful termination, or other serious issues at work, you don’t have to face it alone. At Glaser Labor Law, our experienced employment attorneys are dedicated to protecting the rights of California workers. We understand the complexities of employment law and can provide the guidance and representation you need.

Please contact us today to set up a consultation and learn how we can help you.

Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.