The Garrity Rule
Most employees realize that they must answer questions put to them by their
employer. However, few realize that under certain circumstances, they are protected
by Constitutional guarantees from self incrimination. This situation is covered under an item know as the
Garrity Rule.
The Garrity Rule, named after a New Jersey police captain who was accused of wrong doing states:
" An employer has the right to require employees to answer questions regarding their conduct as long as those questions are narrowly drawn and directly related to the duties they were hired to perform. The employer may use these statements in disciplinary actions involving the employee which could result to termination of employment."
What does this mean? Simply that employers can not have it both ways. If they compel an employee to answer, those answers can not be given to the police. If, however, the
employer extends Garriey protection, the employee must answer. However, the employer is forbidden from giving this information to police or having it used during a criminal trial.
As a result, employers are forced to make a decision as to where they wish to see the
issue resolved, either in the administrative arena or in a court of law. many employers will opt to suspend and employee until after criminal charges are disposed of , then proceed with
administrative charges.
There is a caveat. The employee must request Garrity protection in order for it to become in effect.
Simply ask the employer if they are invoking the Garrity Rule. If they say "no"
you are not compelled to answer. If so, you must answer narrowly draw questions the answers to which can not be used against you in a court of law.
If confronted with this situation, whenever possible make sure you are represented by a
Union steward.
Read text of case:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=385&page=493