Q. What is the Garrity right?
A. It is a constitutional right that protects you, a public employee, when you are forced (coerced) to answer questions or face
losing your job.

Q. Can Garrity statements (given under the threat of job loss) be used against me?
A. Yes, if it is for internal administrative/discipline purposes. No, in a criminal proceeding.

Q. What kind of order is required of my superiors that would invoke my Garrity rights?
A. There must be an order to make the statement that includes the threat of discharge if the order is refused.

Q. Can I be disciplined for refusing to make a Garrity Statement?
A. Yes, refusal can be the basis for discipline.

Q. What's the difference between Garrity statements and Miranda statements?
A. Miranda is given when you are a focus of a criminal investigation. You must be advised that you have a right to remain silent. Statements given pursuant to Miranda will be used in a subsequent case. If you are given Miranda rights do not answer questions unless you are specifically advised to do so by your attorney.

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. Can your Garrity statement be disclosed to a third party?
A. Perhaps. A Court can order disclosure. Currently a statement can be obtained by a prosecutor under their
"investigative subpoena" power. Regardless, the statement cannot be used, like a Miranda statement, against you as evidence in a criminal case. It may, however, be used for impeachment purposes.

Q. What is the Weingarten right?
A. You have a right to union representation during an 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.

Q. Do I have to take a polygraph test?
A. No, the Polygraph Protection Act provides that an employer cannot request or require an employee or job applicant to take a polygraph test. However, in a criminal investigation your department may request one but cannot force you to take the test.
The refusal, according to the Act can be made known to the prosecuting attorney.