Weingartner rights... is this right?

JM in ATL

What the...?

OK, here's the deal. I was reading a "test" question from a seminar brochure on "The Basics of HR Law", to see if this would be something that I should consider sending my HR Assistant to (if and when I get one).

Anyway, it had a question about Weingartner Rights, which was: "Your're beginning a disciplinar session against an employee, and the employee brings a co-worker into the session as a witness. You should ask the employee's witness to wait outside." True or False.

The brochure gave the answer, but didn't refer to Weingartner's Rights and why the answer was what it was.

What is YOUR answer and WHY?

TN HR

Assuming that the employee already has asserted his right to have the person present, my answer would be false. To do so would violate his/her right under Weingartner to have a witness present if he/she feels this meeting could lead to disciplinary action.

Now, assuming the ee has NOT asserted this right, my answer would be true. I would not voluntarily allow the witness into the meeting. You are not under any requirement to make them aware of their rights under Weingartner.

I hope this helps?

Gene

KathiHR

I just recently went to a local SHRM conference on this very issue - "Labor Law in a Non-Union Environment." The attorney who spoke gave this clarification - they are allowed a co-worker, but only if the session is an investigation that could lead to discipline - not if the session is for discipline. Furthermore, they must ask - the employer is not obligated to suggest they have someone. And finally, this attorney recommended that (non-union environment only) if they ask for someone, you stop the interview & tell them you will conduct the investigation without their input. The problem with bringing a co-worker in on an investigation is all the other confidentiality issues is raises - especially if its something serious like harassment or discrimination.

So, in answer to the question, since it specifically says the session is for discipline, not an investigation that could lead to discipline, I would say no witness - co-worker goes back to work.

Interesting question. Tell us what the brochure says!

Kathi

San Francisco

Kathi, I would have concerns about conducting an investigation and reaching conclusions without the input of any employee involved in the situation being investigated. I would rather have the employee exercise his/her weingarten rights than not have their side of the story.

Elizabeth

JM in ATL

Kathi-

I completely agree with you. Weingartner rights are for investigatory meetings, not disciplinary meetings. If you are having a disciplinary meeting then your mind is made up and the investigating has been done.

However, this brochure states that the answer is FALSE!! But it gives no explanation why.

Then after reading their answer, I thought that I was wrong, so I tried to do a search for Weingartner Rights to read up on it to make sure that I understood it correctly. Can't find it anywhere. It's like all of a sudden it no longer exists. Can't even find anything on this site.

I would be interested to find out why the company conducting the seminar would say that an employee has the right to a witness during a disciplinary meeting. Maybe I'll call them.

Hunter1

[font size="1" color="#FF0000"]LAST EDITED ON 12-19-03 AT 11:49AM (CST)[/font][br][br]Try 'Weingarten rights'
Don't know that I'd send someone to a conference which gives an answer like this.

Edit: On the other hand, while the employee doesn't have a right to a witness, if the ee WANTS a witness while he/she is disciplined, I don't know that I'd turn down their request.

Don D

Anyway, it had a question about Weingartner Rights, which was: "Your're beginning a disciplinar session against an employee, and the employee brings a co-worker into the session as a witness. You should ask the employee's witness to wait outside." True or False.

The answer could be true or false. Weingarten rights do not extend to management/supervisory personnel, so you could refuse that person's companion if the employee to be disciplined is of that rank. If the session is truly for the administration of discipline, the employee has no right to exercise Weingarten. As was said, Weingarten is only required by law in instances where the meeting 'may result in discipline'. So, if the discipline has been already decided, the request can be denied. Someone suggested that you could refuse entry of the companion if the employee had not asserted Weingarten. The mere fact that he brought his co-worker speaks as an assertion of Weingarten. He need not raise his hand and mention the word Weingarten. In such cases as this one, the company always should know how it will react; either by discontinuing the meeting or allowing it to proceed with the companion. You also have the right to set the rules and tell the companion to not interrupt you. It is, after all, your meeting and we cannot appear to let the assertion of these rights or the presence of a companion intimidate us. I think you should attend this training and not send a new H.R. Assistant anywhere until at least 6 months has passed.