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Fact Finding Conference

Sue2Sue2 110 Posts
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Does an employee have the right to a witness in a conference with HR?
Thanks!
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  • 4 Comments sorted by Votes Date Added
  • Gillian3Gillian3 913 Posts
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    No, unless you are in a union environment and the employee is a union member.
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  • LarryCLarryC 1,267 Posts
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    To add to what Gillian says:

    And only if the conference could lead to discipline.
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    Gillian's correct. Prior to June 2004, these so -called Weingarten Rights were afforded to all non-union employees also, but the supreme court changed that, so we're back to handling these investigatory interviews w/a limited audience.
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  • tkesslerTony Kessler 409 Posts
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    Sue2,
    The August 2004 issue of your South Carolina Employment Law Letter has an article on this subject titled, "NLRB rescinds Weingarten rights in nonunion companies." If you don't have a back copy, you can search for an electronic version of the article in the newsletter archives on this site. If you have trouble locating it, call me via our Customer Service folks at (800) 274-6774 (tell them you need to speak to Tony at ext. 8068). Tip: Search for "Weingarten rights" in "South Carolina" for "the last three years." Only the one article you're seeking will pop up.

    To others who may be reading this note, if you subscribe to ANY state employment law letter, you have access to this article -- and thousands of others -- from all 50 states. A cornucopia of employment law stuff! tk
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