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I'm supposed to go to a meeting with my bosses after Christmas about some "inappropriate" emails that I sent and received. One of my bosses mentioned (almost in passing) that I could have a union representative with me if I wanted. Is that the law in Massachusetts?

Editor's Response

Yes, that is the law.  There was a decision by the United States Supreme Court (NLRB v. Weingarten, 420 US 251 (1975)) in which the Court held that if a meeting may result in any type of disciplinary consequence, the employer must notify the unionized employee of her right to have a union representative present.  That is probably what your boss was referring to.

 For Government employees, there are additional safeguards.  Under the so called Garrity Rule (Garrity v. New Jersey, 385 US 493 (1967)), any employee who is faced with an investigation or disciplinary meeting should be informed that he or she may "remain silent if the answers may tend to incriminate him or her; that anything said may be used against him or her in either a criminal or administrative proceeding; and he or she cannot be disciplined for remaining silent."  Hope that helps.  For more information or to post a question, visit our Massachusetts Employment Law Discussion Forum.

 

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