EDUCATORS EMPLOYMENT RIGHTS
What are Garrity Rights?
Public employees have certain constitutional rights that apply in
their employment that may not apply to private employees. For example, in Garrity
v. New Jersey 385 U.S. 493 (1967), the Supreme Court held that
statements obtained in the course of an investigatory interview under threat of
termination from public employment could not be used as evidence against the
employee in subsequent criminal proceedings. If, however, you refuse to answer
questions after you have been assured that your statements cannot be used
against you in a subsequent criminal proceeding, the refusal to answer
questions thereafter may lead to the imposition of discipline for
insubordination. Further, while the statements you make may not be used against
you in a subsequent criminal proceeding, they can still form the basis for
discipline on the underlying work-related charge.
The Garrity Warning was thus established: An
employee statement obtained under threat of removal from office cannot be used
in subsequent criminal proceedings.
The Garrity rule does not give protection from being prosecuted
with a crime: only that the information you give and your statements will not
be used against you. You can still be forced to answer (or disciplined for
refusing to answer) questions about most misconduct at work – this protection
is only for questions about criminal behavior.
To ensure that your Garrity rights are protected,
you should ask the following question in an investigatory interview and make
sure you invoke your Weingarten rights by having a union representative present
during any questioning:
• Are my answers for internal and administrative purposes only and
are not to be used for criminal prosecution?
• “It is my understanding that this report is
made for internal administrative purposes only. This report is made by me after
being ordered to do so by my supervisor. It is my understanding that refusing
to provide this report could result in my being disciplined for insubordination
up to and including termination of employment. This report is made pursuant to
that order and the potential discipline that could result for failing to
provide this report.”
How Garrity Protection Works:
• You should invoke your Weingarten rights and
ask for a union representative to be present before any investigatory interview
that you reasonably believe may result in discipline.
• Your answers can be used to discipline you, in
a civil (not criminal) suit against you, and to charge other people with a
crime.
• You have to say that you want Garrity protection.
• If possible, you should get your Garrity protection in writing
before answering questions.
• After your boss agrees not to use your answers
for a criminal prosecution, you can be threatened with discipline (up to
dismissal) for refusing to answer.
The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:
No comments:
Post a Comment