Should I Tell HR if I’m Getting a Lawyer?

When dealing with harassment, discrimination, retaliation, wrongful termination, unpaid wages, or another serious workplace issue, it’s natural to wonder how much you should share with your employer. You might think telling human resources (HR) that you’re speaking to or hiring a lawyer will push them to take you seriously, but it may carry risks you may not expect.

It’s essential to understand the dynamics at play and why your safest first step is often a private consultation with an employment lawyer. Acting too quickly or revealing too much can put your rights and future at risk.

What Happens When You Tell HR?

HR’s job is to protect the company, not you. That doesn’t mean HR staff are bad people or out to get you, but their role is to shield the employer from liability and manage internal risks. They will likely notify the company’s legal team, and your situation may move from an internal matter to a potential legal dispute.

Sometimes, this causes the company to handle things more carefully or prioritize resolving your complaint. But more often, it causes them to be defensive. They may shut down casual conversations, limit what they put in writing, gather documentation about your performance or conduct, or even begin preparing to terminate your employment.

This is why telling HR about a lawyer too soon—before you have a legal strategy in place—can hurt you. Many employees mistakenly believe being open and transparent will work in their favor. Unfortunately, that’s rarely how it plays out when legal concerns are involved.

Before you approach HR, you should:

• Collect and organize your documentation, including emails, performance reviews, disciplinary records, or formal complaints you’ve filed.
• Avoid signing anything, especially settlement agreements, severance packages, or waivers, without legal review.
• Stay calm and professional in your interactions—do not make threats, deliver ultimatums, or assume HR will automatically side with you because you’ve raised legal concerns.

Most importantly, talk to a lawyer first. A lawyer can help you understand the risks and benefits of telling HR, guide what you should or shouldn’t say, and, in many cases, communicate with the company on your behalf.

Why Private Legal Advice Should Come First

You are completely within your rights to meet with or hire a lawyer without telling your employer. You have no obligation to disclose a confidential meeting.

In fact, consulting a lawyer quietly is often the smartest move you can make. A lawyer can:

• Evaluate whether your situation is covered under Michigan or federal employment laws.
• Explain whether it makes sense to escalate things internally or move directly toward legal action.
• Help you decide whether to stay and fight for better treatment or negotiate an exit on your terms.

Sometimes, a lawyer can help resolve the issue without a lawsuit. For example, if the company offers you a severance agreement, your lawyer can help you review the terms, negotiate for better compensation, or ensure you’re not giving up important rights.

Threatening legal action when you don’t yet have a lawyer can backfire badly. Employers may call your bluff—or worse, view you as a legal threat and start working to protect themselves instead of addressing your concerns. Even if you’re frustrated or angry, take a deep breath and get legal advice before announcing anything.

Working with a lawyer first also helps you avoid common traps, such as:

• Accepting a low severance payment that fails to account for lost wages or damages.
• Signing away claims or rights you didn’t realize you had.
• Filing complaints or reports that, if mishandled, could undermine a future legal case.

Speaking to a lawyer first puts you in the strongest possible position. You’ll know what to say, when to say it, and how to protect yourself if the company tries to push back.

Get the Guidance You Deserve With Sommers Schwartz

If you’re facing workplace discrimination, harassment, retaliation, unpaid wages, or wrongful termination, you don’t have to handle it alone. Contact Sommers Schwartz today. Our team has helped countless Michigan workers protect their rights, fight for fair treatment, and hold employers accountable. We’re here to stand by your side so that you can move forward with strength and confidence.