Advertisement

July 26, 2014

#HR Tip – Talk To The Employee, Not His Parents: When An Employee's Parent calls HR

“What we got here is a failure to communicate” - Cool Hand Luke

I am amazed at how often I hear from human resource managers that an employee has had his/her parent(s) call HR to discuss the child’s employment situation. And I’m not talking about the parent calling in to report that their adult son or daughter (who undoubtedly has a cell phone) is sick and won’t be in. No, I have even heard parents who called and acted as an advocate for the employee in disciplinary situations, or pressed for an explanation as to why a medical expense was not covered by the health insurance plan.

Perhaps it is simply another symptom of the “helicopter parent” generation, and the child was never really taught to be self-sufficient. Or maybe it is because the kid only knows how to text, as opposed to engaging in an actual face-to-face conversation.

Regardless of the cause, HR managers should avoid such communications if at all possible. First, the parent is not your employee. Assuming the child is not a minor or the legal ward of that parent, you have no legal obligation to talk to that parent. Second, as what is discussed is often confidential in nature, and you have no idea whether the employee actually authorized the parent’s call, you could face an irate employee who claimed you violated his privacy. Third, anything you say to that parent could be used against you as evidence in a later lawsuit by the child.

So don’t put yourself in this no-win situation. Politely tell the parent (or spouse) that you can only talk to the employee, and will await their call. Then hang up.

© MICHAEL BEST & FRIEDRICH LLP

About the Author

Mitchell W. Quick Michael Best Friedrich LLP
Partner

Mitch Quick is a partner whose practice includes all aspects of management labor and employment law, with an emphasis on employment discrimination litigation, wrongful discharge, and wage and hour law issues. He has represented large and small manufacturing facilities, dairy cooperatives, hospitals, financial institutions, nursing homes and county and municipal employers. He is co-author of Michael Best & Friedrich’s “Guide to the Fair Labor Standards Act” and editor of the Firm’s “Wage and Hour Question of the Month.”

Mr. Quick's practice...

414-225-2755

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.