Paying a Personal Price: The Risk of Individual Legal Liability for “Going Along” With Wrongdoing
HR professionals often get caught in the middle when their employer is contemplating something ill-advised or illegal (e.g., being asked to find a bogus reason for firing a whistleblower, or to approve a wrist-slap for an executive who is clearly a serial harasser). Faced with such pressure and possibly with their own job on the line, HR professionals must consult their conscience, of course; but they also should consider their personal legal risk. Depending on the scenario and the applicable law, an HR professional may be held individually liable in an employee's resulting lawsuit, or may even be convicted in a criminal proceeding. This session identifies the workplace laws that allow for such personal liability, and offers practical advice to avoid being named in a legal action. Walk through three scenarios involving schemes that are recognizably illegal, and get suggestions that should spare HR professionals and their employers a trip to court.
Learning Objectives:
- Which major workplace statutes do and do not allow for individual liability.
- How to identify common situations in which a risk of personal liability is present.
- Behaviors and statements that may increase or decrease an HR professional’s chance of being sued individually.
- Best practices for deflecting management requests to participate in, or turn a blind eye to, wrongdoing.
R. Scott Oswald
![](https://sessionplanner.shrm.org/sites/default/files/styles/medium/public/Scott%20Oswald_NEW_resized.jpg?itok=gu1JUqjn)
SHRM member Scott Oswald is an accomplished trial lawyer who has brought more than 40 trials to verdict, tallying more than $300 million in judgments and settlements. As managing principal at The Employment Law Group, he represents employees and whistleblowers in matters ranging from wrongful termination to corporate fraud. Mr. Oswald serves as chair of the Federal Bar Association's Qui Tam Section, which focuses on whistleblower law. He earned his law degree at Howard University and is a fellow of the elite College of Labor and Employment Lawyers. He has been recognized by Super Lawyers, Best Lawyers, Lawdragon, and more.
Find Sessions by Day
Find Sessions by Speaker
Find Sessions by Topic
- Select Track
- Business Acumen & Metrics
- Communication
- Compensation & Benefits
- Global HR
- HR Technology and Data Analytics
- Leadership & Development
- Talent
- Total Rewards
- Workplace Strategy
Find Sessions by Credit Type
- Select Credit Type
SHRM PDCs
TBD
Find Sessions by Competency
- Select Competency
- Business Acumen
- Communication
- Consultation
- Critical Evaluation
- Ethical Practice
- Global & Cultural Effectiveness
- HR Expertise
- Leadership & Navigation
- Relationship Management
Find Sessions by Intended Audience
- Select Intended Audience
- All Levels
- Early Career
- Mid-Level
- Senior-Level