In the News: Robin Shea Quoted in SHRM Article on HR Personal Liability Risks
Constangy partner Robin Shea was recently featured in a Society for Human Resource Management (SHRM) article titled “Guard Against Legal Pitfalls: HR’s Personal Liability Explained,” which explores when and how HR professionals and managers can be held personally liable in employment-related lawsuits.
The article examines common scenarios where individuals—particularly those in HR roles—might face personal exposure, such as claims under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), or state law torts like negligent infliction of emotional distress. Robin explained that companies often provide legal defense for HR and managers if policies are followed, but failure to comply with the law can create conflicts of interest. “The practical effect of this is that the individual defendant would be paying for their own attorney and possibly paying at least a portion of the plaintiff’s recovery - in addition to the stress and job insecurity that could result from the noncompliance,” she noted.
Robin also discussed potential exposure under federal wage and leave laws, noting, “An individual can be sued based on the employer’s FMLA violation, and HR is probably most at risk here.”
The article underscores the importance of legal training, compliance with company protocols, and careful documentation to help HR professionals minimize risk and avoid personal liability.
To read the full article on SHRM’s website, click here.
Robin is a partner at Constangy's Winston-Salem office and editor-in-chief of Constangy's legal bulletins and Affirmative Action Alert, California Snapshot, Cyber Advisor, and Employment & Labor Insider. With more than 30 years of experience in employment law, Robin provides professional guidance to organizations on compliance with federal and state employment laws, including Title VII, ADA, ADEA, FMLA, and EPA. She also represents clients in litigation and before government agencies and conducts training to HR professionals, management, and employees.
