In All Interviews Ask:
- Am I under investigation for any alleged criminal conduct?
- Am I suspected of breaking a Department rule or regulation?
- Can I request time to contact mu FOPLC representative or attorney to have him/her present?
- Am I being ordered to answer the questions put to me or face discipline or discharge?
Questioning by Supervisors – You have a Right:
- To be informed of the nature of the investigations.
- To be told whether you are expected to be the subject of the investigation or merely a witness.
- To have a FOPLC representative present during questioning and not to have this fact held against you.
- To refuse to answer questions for a reasonable time, once your demand is given to have an FOPLC represented present and the FOPLC has been notified.
- To the protections detailed by the Miranda and Garrity cases when possible criminal charges may involve you in the situation then being investigated.
- To refuse to write a special report or memo about situations involving possible criminal charges being laid against you, and prior to the opportunity to confer with and FOPLC representative.
- To demand FOPLC representation whenever you reasonably believe that the interview may lead to your discipline.
What Are Weingarten Rights?
- A represented employee has a right to have a union representative present at an investigatory interview conducted by an employer when that employee has reasonable fears that disciplinary action may result.
- Weingarten protections do not attach where a meeting or interview with an Employee who is being interviewed only as a WITNESS.
- Are the questions “What did you see and hear……
- Or
- Are they becoming “What did you do and why did YOU……
How do I invoke my Weingarten Rights?
- Upon notice to report for an interview, ask the employer if the answers to the questions could result in discipline. If so, YOU have to ask to have a union representative present. A representative cannot demand entrance into your interview.
- There is no right to an attorney, but you have a right to consult with a union representative prior to answering questions. You have a right to have a union representative present during the interview.
- The employer has no right to designate preference for union representation. The choice of union representation is up to the employee.
- Weingarten Rights can be invoked at any time – but it’s up to the employee in the hot seat to request/demand, and keep requesting/demanding until representation is obtained or the interview is terminated.