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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.

About the Author

Michael Johnson, CEO of Clear Law Institute, is a former U.S. Department of Justice attorney who brought one of DOJ’s first “pattern or practice” sexual harassment cases. He has provided training and consulting on harassment prevention or investigations to organizations around the world, such as the EEOC, the United Nations, and Google. He is a graduate of Duke University and Harvard Law School.  Read more about Michael here. 

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