In 1975 the Supreme Court of the United States set a ruling that stated "employees have a right to association representation during investigatory interviews by management. These rights are called Weingarten Rights."
If anyone in a supervisory position questions an employee in order to get some information which could be used for disciplinary action, the employee must:
1. Be informed that there is a possibility that disciplinary action may take place
2. Be aware that the interview is of an investigatory nature
3. Be given the right to receive representation
If we as employees are just being given instruction on how to improve our job, or how to implement some new protocol, then that is usually not an investigation into wrong doing and won't warrant representation.
If the review has already taken place and the supervisor is just giving information on a decision that has already been made involving discipline, then representation isn't necessary.
When an interview which is of an investigatory nature occurs, there are 2 main rules which apply.
1. The employee must make a request for association representation either before or during the interview. Employers have no duty to inform workers of their rights. Workers who fail to request association representation can be questioned at length.
2. Once an employee makes a request, the employer must choose from among the following options:
a. The employer may grant the request and delay questioning until the association representative arrives and has a chance to consult with the employee.
b. The employer may deny the request and end the interview immediately (and possibly proceed with discipline based on other evidence).
c. The employer may give the employee a choice of either continuing the interview without representation, or discontinuing the interview.
UNDER NO CIRCUMSTANCES CAN AN EMPLOYER IGNORE OR DENY A WEINGARTEN REQUEST AND CONTINUE ASKING QUESTIONS.
look it up yourself for more info. Be In The Know.
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