Do I Have a Right to Remain Silent During an Investigation at Work?

You always have the right to remain silent, it’s one of your Constitutional rights after all; however, in the context of employment, your silence can potentially be used against you. Aside from the Fifth Amendment to the U.S. Constitution, there are rulings in place to protect you from being forced to give incriminating statements.

What Rulings Protect Your Rights

When it comes to public employees, you do have certain rights known as Garrity rights. The name stems from the 1967 Supreme Court case Garrity v. New Jersey; the case held that with regard to public employees, like law enforcement officers, an employee’s Fifth Amendment rights were violated after being pressured into making a statement to avoid termination. These statements were subsequently used to prosecute employees for criminal offenses. Because of Garrity and other court rulings, if a person is compelled to cooperate and make statements during an employment investigation, those statements cannot be used against them in any criminal prosecution.

Remaining Silent with the Awareness of Garrity Rights

If you are informed of your Garrity rights, specifically that your statements cannot be used against you, and you still refuse to cooperate and answer a public employer’s questions in an investigation, the employer can discipline you, up to and often resulting in termination.

One of the most common examples is an internal affairs investigation of a law enforcement officer. In Florida, law enforcement officers have certain statutory protections in an internal affairs investigation. These rights are found in Chapter 112, Florida Statutes. Officers have the right to be notified of any investigation, to be informed of their Garrity rights, to have an experienced Gainesville attorney or representative present during their interrogation. This attorney can assist with the review of all documents, reports, interviews, statements and any other materials regarding the investigation, prior to making any statement. Having this representation is unlike a traditional criminal defense interrogation where the “suspect” doesn’t necessarily know the allegations, doesn’t know what evidence there is and is not given the opportunity to review any of it before being interrogated.

Is There a Difference Between Rights for Public and Private Employees

Generally, private employers in Florida can require you to cooperate and answer questions without any protections, as they do not fall in the same “governmental categories” as public employers. While you always have the right not to cooperate, in Florida, a state with “at-will” employment, you could be fired for any non-discriminatory reason, or no reason at all.

When to Seek a Criminal Defense Lawyer

If you are under investigation by your employer, whether that company is public or private, and you believe that any part of the investigation could include a criminal law violation, you should contact a criminal defense attorney immediately. Prior to making any statement that could be used against you in a subsequent criminal case, a criminal defense lawyer can walk you through your rights to silence and protection under the law, inform you on the questions that could potentially be asked and be able to inform you of any repercussions to your silence, if applicable.

Avera & Smith has the expertise to answer questions about your Constitutional rights and to guide you in any proceedings that may occur. If you have questions about Garrity Rights, the Fifth Amendment, or need legal representation in the face of criminal charges, your Gainesville attorneys are here to help. Contact us today for a free consultation.