Legal Question in Employment Law in Arizona
weingarten law
I would like to know how the ''weingarten law'' works...can it only be used during an investigatory interview where an employee,thinks discplinary action might result. Does everyone have a choice of having a 3rd unbias party with them, during a meeting with a supervisor? If yes, what course of action can the employee take if they were denied that right 2 times?
thank you,
cynthia
1 Answer from Attorneys
Re: weingarten law
Weingarten allows an employee to have another employee attend the interview. The choice of who to bring belongs to the employee, not the employer, although if you choose an employee who is a witness to the events being investigated and will also be interviewed, an employer probably has the right to insist that you choose another employee. Weingarten does not create a right for you to bring a family member or a lawyer with you, and there are some work environments that are not covered under Weingarten (usually public workplaces). If you've asked twice, and you believe you are covered, you should probably look at your company's formal grievance policy and file a grievance. I don't know what the issue is or what situation resulted in this interview, but you may also wish to consult an employment attorney. I am a mediator and often take employment mediations, but I do not represent clients in traditional employment litigation situations. However, if you feel you'd like to consult with an attorney but aren't sure who to call, feel free to contact me and I will be happy to refer you.