By Sean Paden
I have a thought experiment for those of you who work in the private sector.
Let’s suppose you are accused of some misdeed by your employer. It could something minor like rudeness to a customer, or something potentially criminal such as embezzlement, assault or even potentially murder or manslaughter.
Hypothetically
Let’s further suppose your employer comes to you and asks you about certain accusations. What do you suppose would happen if you refused to answer any questions about that incident unless you had an attorney present? And if you did speak to speak to your employer what are the chances they would agree to not use your statement against you in a criminal action? Could you refuse a polygraph test under any circumstance? And could you insist your employer never disclose the results of their investigation upon pain of criminal prosecution?
The answer in the private sector is clear cut: while you have constitutional rights in criminal proceedings (including the right to have an attorney present and against self incrimination) if you refuse to cooperate with an employer you can be fired on the spot.
Not so for many of our public employees. Thanks to the Police Officer’s Bill of Rights (Government Code §3300-3311) many …read more
Source:: Friends for Fullerton’s Future
