Wisconsin Council 40

“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, the Supreme Court held that statements obtained in the course of an investigatory interview under threat of termination from public employment couldn’t 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. (more)


The full text of this article is available only to registered users of this site

If you are already a registered user, log in on the right side of this page. Registration is free and available to all members or potential members of Org. If you would like to register, click here.

Follow Us!

Wisconsin Council 40 Logo

Sign Up
Email:
Password:
Remember me