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”

Know Your Rights Card (Front & Back).doc