Legal Question in Constitutional Law in Indiana

Re: right to remain silent

The law won't punish you for remaining silent, but your employer can.

Most people associate the right to remain silent with the Supreme Court's decision in Miranda v. Arizona. That decision applies only to questioning by police -- and even then, only when the person being questioned is in custody.

[Note for other readers: the term "in custody" does not mean quite the same thing in a Miranda analysis as in ordinary conversation.]

The government can't punish someone for refusing to answer questions while in custody, and can't even use that person's silence as evidence against him at trial. In contrast, employers generally are free to fire employees or for any non-discriminatory reason -- including refusal to cooperate with an investigation.

There are important exceptions to this rule, especially where the employee is part of a collective-bargaining unit or has a contract with the employer. Employers may also be bound by written commitments they make in employee handbooks or other documents. Some states may have laws which give employees additional rights; because I am not an Indiana lawyer I don't know whether you have such rights or what they might be.

Keep in mind that, if you don't answer the employer's questions and later find yourself in court -- whether civil or criminal -- your refusal to answer quations from your employer most likely will be admissible against you.

Depending upon what your answers would reveal, you may be better off remaining silent even if you will be fired as a result. I suggests consulting a local attorney one-on-one so she can advise you based upon the specifics of your sitution.

Good luck.