Pre-Interview Garrity Warning

A Pre-Interview Garrity Warning is a legal template that outlines the rights and obligations of employees or public officials who are subject to an internal investigation or questioning regarding their official duties or job performance. This document provides guidance to employers, typically within the law enforcement or public sector, on informing the employee of their rights under the Garrity Doctrine before conducting an interview.

The Garrity Doctrine is a legal principle that safeguards individuals from self-incrimination during internal investigations. It arises from a Supreme Court decision that concluded statements made by employees compelled to cooperate during an internal investigation cannot be used against them in a subsequent criminal prosecution. As a result, public employers must provide a warning statement, known as the Garrity Warning, to employees involved in such investigations.

The Pre-Interview Garrity Warning template includes a standard set of instructions, disclosures, and advisements, duly authorized by legal experts, which must be read or provided to the employee prior to the commencement of the interview. It typically outlines the following aspects:

1. Explanation of the nature and purpose of the investigation: This includes a clear and concise description of the investigation that the employee is being subjected to, highlighting that the focus is on job-related matters and not criminal liabilities.

2. Notification of compulsion to cooperate: The template informs the employee that their participation is required as part of their employment and that refusal to cooperate may result in disciplinary actions, including termination or adverse employment actions.

3. Assurances of immunity and prohibition of use against criminal prosecution: The template emphasizes that any statements made by the employee during the interview, compelled by their employment, cannot be used against them in subsequent criminal proceedings. It assures them that their Fifth Amendment rights against self-incrimination are being protected.

4. Explanation of potential impacts on employment and non-cooperation consequences: The template describes the potential consequences of non-cooperation or false statements during the interview, such as disciplinary actions, administrative penalties, or even termination.

5. Opportunity to review and seek legal counsel: The template typically includes a disclaimer advising the employee to carefully read and understand the warning, as well as offering them the opportunity to consult an attorney beforehand.

The Pre-Interview Garrity Warning legal template plays a crucial role in protecting the rights of employees while ensuring the employer's ability to conduct efficient internal investigations. It promotes transparency, fairness, and adherence to legal principles within the investigative process.