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What do I do if a witness demands to have an attorney present during an investigative interview?

By September 6, 2011 Investigations

In most cases, an employee does not have a legal right to demand to have his or her attorney present at an investigative interview.  An employee might have this right if he or she is a member of a union that has collectively bargained for this right or if the employee works for a government agency whose civil service rules provide for this right.

Except in those circumstances, the employer can inform the employee that he or she must cooperate in the investigation and may not be represented by counsel during the investigative interview.



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