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Rder as a condition of employment. I understand that I may face disciplinary action for disobeying this order so I have no alternative but to abide by the order. It is my belief and understanding that the Department requires this statement (report) solely and exclusively for internal purposes and will not release it to any other person or agency. It is my further belief that this statement (report) will not and cannot be used against me in any criminal proceedings. For any and all other purposes.

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In short, under the Garrity rule, a public employee has the right to be silent if any statements he is compelled to provide to his employer could be used against him in a subsequent criminal proceeding.

Simply ask, "is this an administrative inquiry, and am I under orders to respond?" Forcing the issuance of a directive to answer questions or make statements regarding any misconduct inquiry invokes the Garrity rule and prevents your response from being used against you in a criminal prosecution.

The Garrity Story When questioned, each was warned that anything they said might be used against them in a criminal proceeding, and that they could refuse to answer questions in order to avoid self-incrimination. However, they were also told that if they refused to answer, they would be terminated.

The immunity that a Garrity warning provides to an employee justifies a school district's ability to threaten discipline or removal from employment upon the employee's refusal to answer questions.

In United States law, the Garrity warning is an advisement of rights usually administered by federal, state, or local investigators to their employees who may be the subject of an internal investigation.

In order for Garrity protection to apply, the government must have “coerced” a statement from an Officer. Generally, this coercion consists of an order, under threat of termination, to give a statement on a work related matter.

In short, under the Garrity rule, a public employee has the right to be silent if any statements he is compelled to provide to his employer could be used against him in a subsequent criminal proceeding.

Garrity Rights apply to the right of a public employee not to be compelled to incriminate themselves by their employer. These rights are based on the 1967 United States Supreme Court decision Garrity v. New Jersey. Garrity Rights apply only to public employees, because they are employed by the government itself.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232