When Questioned - Knowing Your Rights Can Save Your Job
Your Employer May …
· Not interrogate you off-duty without compensation.
· Not subject you to physical or verbal abuse
· Not subject you to threats or promise of reward
· Force you to answer questions without representation. (Never disobey a direct order)
· Require you to take a lie-detector test. (this is not admissible in an appeal hearing.)
· Search your private space or lockers if given prior notice that they are subject to search.
Before Any Questioning, Your Employer Should...
· Tell you if you are under investigation for misconduct.
· Tell you who will be conducting any investigation.
· Tell you if your responses could result in disciplinary action.
· Tell you the nature of any possible charges.
· Authorize audio recordings of any inquiry.
If there is a complaint against you (Sub-Chapter B. Texas Government Code § 614.021 — .023)
You must be presented a copy of the signed complaint before there can be any disciplinary action.
You Have The Right...
· To ask if you are at risk of disciplinary action.
· To ask for Association representation before responding to any questions.
· To request Audio Recording of any statement made.
· To not volunteer to take a lie detector, alcohol or drug test
· To make note of physical or verbal abuse, threats, extortion or any other attempt to compel your answers.
Always Ask: “Can This Lead To Disciplinary Action?”
If The Answer is “Yes”: Ask For Representation!!
If The Answer is “No”: Ask for documentation (written or audio)
If you are compelled to make a statement or answer questions without Union Representation or in violation of any other of your rights, you must always obey a direct order and comply.
Before you comply, request the following “Non-Waiver Statement” to be recorded and then read the following statement:
“I am making this statement in compliance with a direct order with the understanding that I am subject to disciplinary action up to and including indefinite suspension if I do not comply. In making this statement, I do not waive my right to representation pursuant to TEXAS GOVERNMENT CODE Chapter 617; sub-section 617.005”