Analogy to Union Representation
The issue of the interpretation of the rights of the unionized worker may be relevant to the rights of the common law employee in the investigative process, as reviewed above.…
Common Law Confession Rule
The essential question confronting a person being investigated and, indeed, to the investigator may frequently be whether the statements made in the course be inquiry can later be used against…
Right to Remain Silent
Right to Remain Silent Rule Absent Employment Relationship Absent an employment relationship, there is no obligation to provide information which, in turn, may be used against such person in a…
Employer Complicit with Government Actor
Government Actor – Private Employer is Complicit – Charter Right It would be expected that for the refusal to answer a question during the investigation to be successfully maintained, the…
Right to Counsel & Charter Rights
The following analysis presumes that there is no stipulated right to counsel in the policy manual or employment contract. This raises the need for such protection to be included in…
Employee Protected Rights – An Overview
Protections to be Afforded to the Suspected Ones The law with respect to an individual’s protections in the course of an investigation originates in the world of criminal cases. It…
Access to the Employee’s Electronic Footprint
The investigator may wish to search the employee's computer. That being said, it is very unlikely that the investigator may gain access to an employee’s personal information which may be…