G. Interrogations

Generally, employers can question workers in an effort to discover illegal acts provided questioning is conducted during normal business hours, there are no threats or coercion forcing the employee to remain in the room, and the questioning serves a legitimate, reasonable purpose.

However, employees may have rights during these interviews. These include:

• The right to receive an explanation regarding the purpose of the interrogation (i.e., is the person a suspect?);

• The right to insist on the presence of a representative at the interview (particularly if the worker is a union member and has reason to suspect it may result in disciplinary action);

• The right to limit questions to relevant matters;

• The right to refuse to sign any written statements;

• The right to remain silent;

• The right to consult a lawyer before speaking; and

• The right to leave the room at any time.

All of the above points must be carefully considered before accusing a worker in an interrogation. If a company conducts the interrogation incorrectly, grave legal consequences may ensue.

TIP: An employee's rights may be violated during an interrogation if he/she is restrained or confined by force or threat of force, thereby denying the worker's freedom of movement. A court will conduct a full-scale hearing as to the circumstances surrounding any interrogation or confession to make sure no undue pressure was used.

Counsel Comment #73: Interrogation of a suspect em- ployee must always be handled with extreme care. Never lock the door; tell the employee that he or she can leave at any time. Know that it is no defense to detain the worker during normal office hours or provide breaks during the process, and that confinement for the purpose of extracting a confession is not permitted.

Whenever you are questioning an employee, have another supervisor or manager present as a witness. Ask the employee to give his version of the facts. If the employee refuses, state that this constitutes insubordination and may lead to dismissal. Ask the employee to write down his version of the facts. Keep the facts regarding the affair confidential and only discuss them with essential personnel to reduce the risk of charges of defamation. Finally, obtain the opinion of counsel before proceeding with any interrogation.