If you are a member of a union, say nothing unless you have your rep present.
If you are a member of a union, it is your right to have present your representative or someone designated, as you have right to union representation. Such investigative interviews are commonly known as Weingarten meetings. For those unfamiliar with the term, I will explain:
Having someone in your corner while answering investigative questions posed by management officials is a right only accorded to employees who are among those a union represents. Most of those excluded are management officials.
Accompanied by union rep or someone designated by the union. If management were to allow anyone else to accompany the employee without the expressed consent of the union would be considered an “unfair labor practice”.
Depending on circumstances, even if you have done nothing wrong, you may not want to answer certain questions until you know all accusations and the rep and proof in your corner. However, your rights are limited.
What about your Miranda Rights? We see this on television and in movies. Unless your interview is conducted by law enforcement for something you are accused of being a criminal act, you have no Miranda rights. Advising you or me of those rights is a technical matter reserved strictly for law enforcement officials. In a setting that is strictly administrative (which DHS affirmed in writing before the questions began), the employee has no right to remain silent when asked work-related questions.
In the administrative world, commonly represented by your agency’s legal and HR offices, the worst that can happen to a civilian employee is removal, meaning “economic capital punishment”. Your agency can’t take your freedom or your life but can take your livelihood.
In the event you are terminated for technical, administrative or for being lazy, your retirement credits still exist. If you have 5 years or more, you may still draw your retirement at age 62. If you are now MRA with 30 years, age 60 with 20 years or age 62 with 5 years, you may take immediate retirement. And, if you do not have retirement credits? You may request a refund on all FERS contributions made since you were hired.
If the issue is criminal, or you are a spy, embezzler or other such crimes, your retirement will not be available to you, of course, you won’t need it in prison.
