Request Representation

If you are called into any meeting that could lead to discipline, you may request an association representative before answering questions. Say it plainly: “I request association representation.” Then stop talking until a rep is with you.

Voluntary vs. involuntary statements

A request for a statement and an order to give one are different things, and the difference decides your rights.

If you are ordered to give a statement about something on the job, you are being compelled under threat of discipline. Comply — but first ask the supervisor to confirm it is an order. Then tell them you intend to comply and want to confer with legal or union representation. A compelled statement carries Garrity protection (Garrity v. New Jersey): because the government is your employer, your Fifth Amendment right against self-incrimination survives, and the compelled statement cannot be used against you in a criminal case.

If the supervisor says the statement is voluntary, contact a rep immediately. People give voluntary statements because they believe they have nothing to hide; take the right to remain silent seriously anyway. If you feel pressured to give a "voluntary" statement, note who pressured you and when — that may itself make it compelled.

Before you submit

• Do not give a written or recorded statement before speaking with a rep.
• Do note the date, time, and who ordered the meeting.
• Do ask what the meeting is about. You are entitled to know the subject.