Legal Question in Employment Law in Pennsylvania

can an employer ask questions during an investigation without legal representation


Asked on 5/26/10, 9:03 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

This depends on the circumstance, whether you belong to a union or not, are part of a bargaining group, or it is within the bounds of whatever type of employment agreement you may be covered by.

An employer generally cannot fire a person for asking to and waiting to get advice from counsel. But an employer can fire a person for refusing to cooperate with an ongoing investigation.

Further, you may have the right to have an independent party with you (co-worker or otherwise), as an observer while you are questioned by an employer during an ongoing investigation. Generally a good employer's agent should advise you that they work for the company and do not represent you interests. (This is called the corporate Miranda warning.)

In this circumstance it is important that you speak with counsel to obtain the best advice to protect your job.

Regards,

Roger

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Answered on 5/26/10, 12:32 pm


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