Weingarten Rights for Representation
Saying, "I would like my union representative present" during an investigative interview is enough to invoke your Weingarten Rights.
When do employees have a right to representation under Weingarten?
If you have a reasonable belief that the answers you give might result in your being disciplined, you have a right to union representation during the meeting. Employees are entitled to Weingarten rights in the following situations:
- "Investigatory interviews," in which the supervisor is seeking to elicit facts, to have the employee explain his or her conduct, to discover the employee's "side of the story" or to obtain admissions or other evidence.
- A supervisor's request for a written statement or written answers to interrogatories about an incident or accident in which the employee's own conduct may be at issue.
- A meeting or discussion in which the employer either has not yet decided whether to impose discipline or is seeking information to support that decision.
- The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions.