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Garrity Rights

Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers. This protection stems from the Fifth Amendment to the United States Constitution, which declares that the government cannot compel a person to be a witness against him/herself.

You may be given a “Garrity warning” before being interviewed, you may be told that your statements in the interview will not be used against you in criminal proceedings, or you may be told nothing at all about your Garrity rights.

If you are issued a Garrity warning or told that your statements will not be used against you in criminal proceedings, you should ask for the opportunity to seek advice from your union representatives and/or legal counsel before responding to questions. If the employer demands that you answer questions concerning possible criminal misconduct, then Garrity rights apply because you are being “forced” to answer possibly incriminating questions.

If you believe that your Garrity rights are being violated, contact your Business Representative immediately.