BETWEEN THE ROCK AND THE WHIRLPOOL: COMPELLED STATEMENTS BY PUBLIC EMPLOYEES

The Garrity Rights doctrine protects public employees from being compelled to incriminate themselves in investigatory interviews with their employers. The Fifth Amendment to the US Constitution prohibits the government from compelling a person to incriminate themselves, and public workers are employ...

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Bibliographic Details
Published in:Labor law journal (Chicago) 2009-10, Vol.60 (3), p.148
Main Author: Taylor, Donald P
Format: Article
Language:English
Subjects:
Constitutional amendments
Cooperation
Criminal investigations
Employees
Employers
Equal rights
Federal court decisions
Government employees
Labor relations
Police
Privileges & immunities
Public sector
Self incrimination
State courts
Supreme Court decisions
Terminations
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Summary:The Garrity Rights doctrine protects public employees from being compelled to incriminate themselves in investigatory interviews with their employers. The Fifth Amendment to the US Constitution prohibits the government from compelling a person to incriminate themselves, and public workers are employees of the government itself; therefore they are protected from being compelled by their employer to incriminate themselves in an investigatory interview. Public employees face intense scrutiny from their superiors, legislators, and the public, resulting in a constant flow of complaints and investigations. As a result of this continuous and intense scrutiny, Garrity Rights have become a critical part of public sector labor relations, particularly in law enforcement. Many observers worry that Garrity is endangered due to the courts' misunderstandings, evasions, and tightening restrictions on employee rights, even accusing judges of doing "headstands" to dodge the prospect of awarding Garrity immunity.
ISSN:0023-6586