Legal Assistance Through the Employee Investigation Process
The Jeffrey Law Group, PLLC, provides counseling and assistance to Federal and Postal Service employees through all stages of the employee investigation process. Specifically, our attorneys provide:
- Initial Consultation and assistance in preparing for an administrative or criminal investigation;
- Consultation and assistance in responding to investigative interrogatories;
- Advice and preparation for an employee’s investigative interview(s);
- Representation at investigative interviews;
- Responses to negative suitability determinations; and
- Appeals of negative suitability determinations to the U.S. Merit Systems Protection Board (MSPB).
Don’t risk exposing yourself. Contact the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm® today at 202.312.7100 for an initial consultation regarding your situation. Or if you would like to read more about Employee Investigations, please visit our blog posts.
Government Employee Investigation
The Federal Government may investigate civilian employees for a myriad of reasons. Upon initial appointment, each civilian employee in any department or agency of the government is subject to investigation to determine whether he is reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States. This investigatory requirement applies whether or not the position requires a personnel security clearance (PCL). The Federal Government may also investigate civilian employees accused of misconduct that is either criminal or non-criminal in nature.
Answers to questions during an investigation may be used against a civilian employee to compromise his rights and benefits under federal law. Prior to responding to questions, it is important for a civilian employee to understand the nature of the Federal Government’s investigation and his rights and obligations incidental to that investigation. Often, having an attorney available to assist in preparation for such an investigation is the best way to avoid future disciplinary or criminal action, or a negative suitability determination.
In general, the obligation of a Federal civilian employee to answer his employer’s work-related questions is dependent upon whether there is a substantial risk that the employee may be subject to criminal prosecution for actions connected with the subject of his employer’s inquiry. A Federal civilian employee cannot be discharged simply because he invokes his Fifth Amendment privilege against self-incrimination in refusing to respond. See Gardner v. Broderick, 392 U.S. 273 (1968); Uniformed Sanitation Men Ass’n v. Commissioner of Sanitation, 392 U.S. 280 (1968). Conversely, a later prosecution cannot constitutionally use statements (or their fruits) coerced from the employee by a threat of removal if he fails to answer the question. See Garrity v. New Jersey, 385 U.S. 493 (1967). However, the Federal Government is not wholly barred from insisting that a Federal civilian employee answer its questions. Specifically, the Federal Government can remove a civilian employee for not replying if he is adequately informed that he is subject to discharge for not answering and “assured of protection against use of his answers or their fruits in any criminal prosecution.” See Kalkines v. United States, 473 F.2d 1391, 1394 (Ct. Cl. 1973).
Don’t risk exposing yourself.
Contact the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm® today at 202.312.7100 for an initial consultation regarding your situation. Visit our blog posts regarding Employee Investigations for more information.