You have a right:

1. To be informed of the nature of the investigation.

2. To be told whether you are expected to be the subject of the investigation or merely a witness.

3. To have a WPOA representative present during questioning, and not to have this fact held against you.

4. To refuse to answer questions for a reasonable time, once your demand is given to have a WPOA representative present.

5. To the protections detailed by the Miranda and Garrity cases when the circumstances may result in either criminal or departmental charges.

6. To refuse to write a report or Form 50 about situations involving possible criminal charges being laid against you, and prior to, the opportunity to confer with a WPOA representative.

7. To demand WPOA representation whenever you reasonably believe that the interview may lead to discipline.  


1. Am I under investigation for any alleged criminal conduct?

2. Am I suspected of breaking a Department rule or regulation?

3. Can I request time to contact my WPOA Representative or attorney to have him/her present?

4. Am I being ordered to answer the questions put to me or face discipline or discharge?


Q. Do I have a right to have an attorney present during a so-called Garrity interview?

A. During Garrity interviews, generally it is customary in many departments, but you must request the presence of an attorney. You do not have the right to an attorney in the so- called Weingarten interview, but you have the right to a union representative, but you must ask for the representation.

Q. What is the Weingarten right?

A. You have a right to union representation during an investigatory interview by administration that you reasonably believe might result in discipline. The belief must be reasonable under the circumstances.

Q. How do I invoke my Weingarten rights?

A. Upon notice to report for an interview, ask the employer if the answers to the questions could result in discipline, and if so, ask that you have a union representative present. There is no right to an attorney, but you have a right to consult with a union representative prior to answering questions. You have a right to have a union representative present during the interview.