mitigating legal risk with hr case management

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Mitigating Legal Risk with HR Case Management January 12, 2012

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In this webinar, labor and employment attorney Clay Hartmann will offer his expert advice on how to ensure a consistent approach to handling and documenting grievances that will help you prevent and prepare for employment-related lawsuits. Join us to learn:• How to use technology to ensure a consistent approach to handling and documenting grievances• What common ER practices lead to mishandling of employee grievances• How to use HR Case Management to identify and improve weak business processesThis must-attend webinar will help ensure that your ER department has a solid process in place for handling grievances and can easily provide documentation of an employee’s interactions with ER should your organization be faced with a lawsuit.

TRANSCRIPT

Page 1: Mitigating Legal Risk with HR Case Management

Mitigating Legal Risk with HR Case Management

January 12, 2012

Page 2: Mitigating Legal Risk with HR Case Management

Who is Dovetail?

April 10, 2023 © 2012 Dovetail Software 2

Dovetail is a leader in employee and customer support software enabling organizations to: reduce administrative costs, increase productivity, and improve service delivery.

Customer Snapshot:

Page 3: Mitigating Legal Risk with HR Case Management

Speaker Introduction

April 10, 2023 ©2012 Dovetail Software 3

Clay HartmannAttorney & Consultant

The Hartmann Firm

Russ ResslhuberDirector of Product Management

Dovetail Software

Page 4: Mitigating Legal Risk with HR Case Management

Cost of being unprepared

April 10, 2023 ©2012 Dovetail Software 4

99,947# of claims filed in

2011:

6 out of 10Employers that

have faced a lawsuit in the past 5 years:

$45,000Average Defense

Cost:

$218,000Median Pay Out:

$263,000 Potential Cost of 1

claim:

Sources: 2010 & 2011 EEOC Reports. www.eeoc.gov

 Seventh Annual Workplace Class Action Litigation Report, Seyfarth Shaw LLP; Department of Labor. www.seyfarth.com/ClassActionReport/  2011 SHRM Employment Law Update March 1, 2011. www.shrm.org

 

Page 5: Mitigating Legal Risk with HR Case Management

Legal Process

April 10, 2023 ©2012 Dovetail Software 5

Employee files a

complaint

Company is summoned

Counsel is obtained

or notified

Discovery & Pre-trial

Evidence is collected

ER Departmentcontacted

Trial

Summary Judgment

Complaint withdrawn

Settlement

$

$$$

$$$$

$$$$$

Page 6: Mitigating Legal Risk with HR Case Management

#1 Mistake ER Makes

April 10, 2023 ©2012 Dovetail Software 6

Inconsistency: Different employees experience different rules

No record of how issues were resolved/handled in the past

Decentralized ER organizations handle issues differently

ER advisors use different processes/policies to handle issues

Page 7: Mitigating Legal Risk with HR Case Management

Building your Grievance Process

April 10, 2023 ©2012 Dovetail Software 7

Employee discusses issue with parties involved

Employee has an issue

Issue Resolved?

Issue resolved informally, no further action required

Employee contacts HR/ER, Stage 1 of Process begins

HR/ER reviews and addresses grievance within m days

GrievanceResolved?

Grievance resolved, no further action required

Employee appeals, Stage 2 of Process begins

GP board or director reviews appeal and rules within n days

Grievance closed

Example:

Yes

No

Yes

No

Page 8: Mitigating Legal Risk with HR Case Management

Grievance Case Management

Communication

Documentation

Automation

Notification

Policy/Procedure/Process Implementation

Integration

Analytics/Process Validation

©2012 Dovetail SoftwareApril 10, 2023

Page 9: Mitigating Legal Risk with HR Case Management

Questions?

©2012 Dovetail SoftwareApril 10, 2023

Page 10: Mitigating Legal Risk with HR Case Management

Next Steps

Visit our Resource Center: dovetailsoftware.com/resources

Next Webinar: 10 Ways to Nurture your New Hires Topic: Onboarding Best Practices Date: February 16, 12pm CT Guest Speaker: Morgan Hoogvelt

Dovetail Contact Information: Website: dovetailsoftware.com Twitter: @dovetail Blog: dovetailsoftware.com/dovetailconnectblog Phone: (800)684-2055 Email: [email protected]

April 10, 2023 ©2012 Dovetail Software 10