There are four types of warnings that may be administered during investigations: Miranda, Kalkines, Garrity and Weingarten. If you are facing an employee investigation, we know it can be stressful and overwhelming, but working with an experienced business attorney will help you know you are doing what you can to defend yourself.

Miranda warnings are given when an employee is being questioned concerning possible criminal misconduct and when he or she is taken into custody and deprived of freedom in a significant way. Many people are familiar with Miranda rights, which advise someone that anything they say or do can be used against them in a court of law, so they may exercise the right to remain silent so as not to incriminate himself or herself.

Kalkines warnings are given when the possibility of criminal prosecution has been removed and the employee is required to answer questions relating to their official duties or be subjected to disciplinary action.

Garrity warnings may be given when someone is requested to voluntarily give information in connection with his or her own administrative misconduct. If a Garrity warning is received, that does not mean criminal proceedings are off the table. The employee is reminded he or she may not face disciplinary action for remaining silent.

Finally, there are Weingarten warnings, given to a bargaining unit employee who is subject of an investigation. This notifies the employee that he or she is entitled to union representation during interviews that may result in disciplinary action.

Doumar Martin has extensive experience in litigating complex business civil cases in both the federal and states courts of Virginia and the District of Columbia, and Maryland for both employers and employees. If you are facing any type of investigation, you need to make sure your interests are represented. Call today for your free, initial consultation.