Select Page

Have you had a Notice of Interview?

by | Apr 26, 2017

Have you been served with a Notice of Interview?  Has your supervisor directed you to meet him in his office to discuss your alleged misconduct?  If so, it is critical that you contact an experienced labor attorney to represent you.
Scenario 1:
If you have been served with a Notice of Interview, you should immediately contact an experienced labor attorney. You should not speak to the investigator prior to your interview. Instead, your attorney should contact the investigator to gather as much information about the allegations in order to prepare you for your interview. Your attorney should request a written statement of the allegations against you.  Similarly, your attorney may contact any witnesses familiar with the allegations in order to determine the nature of allegations against you.  Pre-interview investigation is critical in properly preparing you for your interview.
Scenario 2:
If your supervisor has directed you to meet him in his office, it is critical that you contact an experienced labor attorney. Your attorney can effectively represent you in any such meeting by determining (prior to the interview) the scope and seriousness of the allegations against you. If you have been ordered to immediately attend any such meeting, you should carefully listen to the questions posed by your supervisor. If you believe your answers to the questions could lead to discipline, you have the right to request a representative to be present during the interview. This is commonly referred to as your “Weingarten Rights”.
During an investigatory interview, the United States Supreme Court ruled that the following rules apply:
1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
2: After the employee makes the request, the employer must choose from among three options:

    • grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
    • deny the request and end the interview immediately; or
    • give the employee a clear choice between having the interview without representation, or ending the interview.

3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal. (NLRB v. Weingarten, 420 U.S. 251, (1975)).
With this in mind, if you are dealing with the above scenarios, contact an experienced labor attorney at Goyette and Associates.[/vc_column_text][/vc_column][/vc_row]

Photo of Goyette & Associates Stationary and notepad

Contact Us for a Free Consultation

Recent Posts

Think Twice Before Surrendering Your RN License

Are you facing disciplinary action in California and grappling with a decision to surrender your license? Have you moved to another state and are you thinking about surrendering your license because you won’t return to California?...

Voided Appointment Overturned for California State Employee

Attorney Brett Sherman of Goyette & Associates successfully represented a State of California Employee in the overturning of a voided appointment. Employee X* was promoted to a Staff Services Manager I (SSM) position within the...

2017: A Year in Review

by: Nicole Valentine It would be an understatement to say that 2017 was one of the most rewarding years in my practice as a criminal, labor, and licensing attorney. Below are some of the most notable results I achieved for my clients in...

How off-duty conduct can ruin your professional life

by: Dan Thompson Most public sector and public safety employees understand that while on duty there are numerous policies which set forth codes of conduct to which you are expected to adhere. But what about off-duty conduct? If you get...

California Courts Not Sympathetic To Employee Claims on PEPRA Pension Issues

By: Paul Goyette A recent string of California Superior Court and Court of Appeals Decisions indicate a clear trend to decline various employee and employer organization challenges to PEPRA. PEPRA is a form of pension reform law that was...

Request a Free Legal Consultation

Contact Goyette & Associates for a free consultation. We will respond right away and work with your budget.

Share This