bring a lawyer with me when meeting with administration no union

Can an employee be called in for a meeting without a union?

When an employee is called in for a meeting without a union representative, the employee should ask whether it is about anything that could possibly lead to discipline. If the employer responds in the affirmative or responds in a way that allows for the possibility of discipline resulting,...

Can I bring a lawyer to an employee meeting?

This means that while an employer can choose to allow you to bring a lawyer to a meeting; you will generally have no right to bring one. you do not get to dictate to your employer that you will be bringing your attorney to the meeting.

Are you prepared to talk to union representatives?

It’s hard to imagine situations more primed for employer communication mistakes. The guidelines for talking to union representatives are mostly common sense. Combine this with having knowledgeable and informed leaders, and you should feel comfortable and prepared for talking to union representatives.

Do I need an attorney to file a union grievance?

To sign documents you understand, like applications, insurance forms, and tax documents. To file a union grievance if you’re a union member (use your union rep – they’re free).” Now, employees don’t always have to seek out the services of an attorney.

Can a union protect you from being fired?

If you are covered by a union contract, you are probably protected from being fired without a good reason. If you are fired, and you believe there is not sufficient cause for your discharge, you should request the union to file a “grievance” on your behalf against the employer.

What happens if your Weingarten rights are violated?

Depending on the circumstances of each case, the Board may order that the employer cease and desist, post a remedial notice, require the employer to repeat the interview with a union member present, or rescind and remedy discipline resulting from a Weingarten violation.

Can I have a union rep if I'm not in a union?

If you're not a member of a trade union You don't need to be a member of a trade union. You can ask an official from any trade union to come with you. The union doesn't have to be recognised by your employer.

What are your Weingarten Rights?

Weingarten rights guarantee an employee the right to Union representation during an investigatory interview. These rights, established by the Supreme Court, in 1975 in the case of J'. Weingarten Inc,, must be claimed by the employee.

What can a union rep do in a disciplinary meeting?

The representative is permitted to address the disciplinary hearing to: put the worker's case; sum up that case; and/or respond on the worker's behalf to any view expressed at the hearing. The representative is also permitted to confer with the worker during the disciplinary hearing.

Do Weingarten Rights apply to non union?

These rights currently apply only to employers who have unionized workforces. The National Labor Relations Board (NLRB) expanded Weingarten rights to non-union employees for a brief period in the early 2000s, but the agency has since reverted to having them apply exclusively in union settings.

Can an employee bring a lawyer to a disciplinary meeting?

Are they entitled to bring a lawyer? It is not unusual for an individual to ask to attend or be legally represented at a disciplinary or grievance hearing by a lawyer. However, unless there is a contractual agreement there is no legal rights over and above attending with a colleague or trade union representative.

Can I join a union on my own?

By law, any worker is allowed to join a trade union, and your employer can't punish you for joining up. Equally, you don't have to join a union at all if you don't want to. You can join any union you're eligible for – that usually means any union that represents your industry.

What is unfair disciplinary action?

Examples of this include stealing on the job, insubordination, using offensive language, breaking a law outside of work, or being excessively tardy. The second is that the employee's job performance is deemed insufficient. There are systems in place which allow a federal employee to appeal a disciplinary action.

What are Skelly rights?

Skelly rights is referred to the due process right to notice of an employee, of an intended disciplinary action. The right includes the right to obtain a copy of materials on which the action is based, and an opportunity to respond orally or in writing to an impartial reviewer prior to discipline being imposed.

What circumstances trigger an employee's Garrity rights?

However, this right disappears once Garrity is triggered. Once the employee has been threatened with severe discipline or termination for refusal to answer, they are protected by Garrity and its use/derivative use immunity, and can no longer stand on the Fifth Amendment.

Can I take a union rep to an investigation meeting?

Workers and employees have the right to be accompanied at a disciplinary hearing by a trade union representative or work colleague. This is set out in Section 10 Employment Relations Act 1999. This right to be accompanied does not apply to being accompanied at an investigatory meeting.

What to bring to a lawyer meeting?

What Should I Bring? 1 A pen and pad of paper or the electronic equivalent! In the course of your conversation with your attorney, you will surely want to write down notes on any issues or questions that arise. 2 A list of questions. Clients often have a million questions and concerns before a meeting, one or more of which they then forget to ask when sitting face to face with their attorney. Write these questions down ahead of time, to make sure you get every query answered while you're sitting there. 3 A check for the initial consultation fee, if your attorney charges one. This should be discussed ahead of the meeting. Nothing gets a lawyer-client relationship off on the wrong foot faster than forgetting to make your first payment. Presenting that fee immediately shows that you're taking the relationship seriously. 4 Any documents relevant to your case. If, for example, you are negotiating a lease and want the lawyer to review it, you should obviously bring a copy of the draft lease. If possible, make multiple copies of each document you give to your lawyer, so that you can take a set back home. (Or you can ask the lawyer's office to make the copies, but you'll likely be charged at premium rates for those.)

Why is it important to meet with an attorney?

An initial meeting with your attorney is important, not just for exchanging information about your case, but also for building rapport and trust. Commonly, you will first have a short phone call with the lawyer, who will then ask to meet you in person.

How to impress a lawyer?

The more prepared you are with completed questionnaires (if the lawyer sent you any ahead of time), documents, diagrams, and your own questions, the easier this process will be , and the more you will impress the lawyer.

How do lawyers bill their clients?

In the case of lawyers who charge hourly, some start out by charging a retainer, which is an initial up-front fee that they then bill against at an hourly rate until it runs out (at which point the assumption is usually that you'll be ready to pay more).

What to write in a conversation with an attorney?

In the course of your conversation with your attorney, you will surely want to write down notes on any issues or questions that arise. A list of questions. Clients often have a million questions and concerns before a meeting, one or more of which they then forget to ask when sitting face to face with their attorney.

What happens if you don't hire a lawyer?

Be honest. Remember that, even if you do not end up hiring the lawyer, everything you tell him or her during your meeting is generally subject to the attorney-client privilege. (The biggest exception to this, not surprisingly, is if you tell your lawyer that you are going to commit a crime, which information the lawyer may be duty-bound ...

Do you need to wear a suit to a business meeting?

Dress professionally. This does not necessarily mean you need to wear a suit, but you should wear the type of attire you would wear to any formal business meeting. This shows the attorney that you are a professional, and are taking your case seriously.

What do you sign at a disciplinary meeting?

To attend a disciplinary meeting (take good notes, don’t sign anything except a form acknowledging receipt of the discipline , and sign “as to receipt only, rebuttal to follow); To sign documents you understand, like applications, insurance forms, and tax documents.

Who should be the sounding board for an employee?

It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).

Why is it important to consider the answers to the above questions honestly?

Considering the answers to the above questions honestly can help an employee to gather relevant information and weigh it with a level of objectivity. The process will help the employee have confidence that their choice — either way — is the right one for them.”

What does the employee want to achieve?

What does the employee want to achieve? An employee should have a clear idea of what he or she wants to accomplish in resolving the issue. An apology? A denied promotion? Monetary damages? Or to correct a systemic problem? Potentially, an agency action could accomplish all of these things, but if what is being sought is relatively small, an employee may be choosing a very large hammer to put in a very small nail. The bigger the stakes, the more appropriate it is to consider governmental involvement.

What to do if you are thinking about filing a lawsuit?

If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.

When a work situation has reached a level where initiating an agency complaint or process is being considered, should an?

When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.

Do employers take terminations seriously?

Being taken seriously: Some employers don’t take you seriously unless you have representation.

When an employee is called in for a meeting without a union representative, should the employee ask?

When an employee is called in for a meeting without a union representative, the employee should ask whether it is about anything that could possibly lead to discipline. If the employer responds in the affirmative or responds in a way that allows for the possibility of discipline resulting, the employee should demand a union representative.

Why can a union representative serve as a witness?

The union representative can serve as a witness to prevent the giving of a false account of the interview.

What is the right to union representation?

The right to union representation in an employer conducted meeting or interview was established in the landmark decision in NLRB v J. Weingarten, Inc., 420 US 251 (1975). The Court held that an employee has a statutory right to insist on the presence of a union representative in an interview which the employee reasonably believes might result in disciplinary action. While the Weingarten decision dealt with the National Labor Relations Act (NLRA)and its application to the private sector, the principle has been adopted and applied to public employee rights under PERA by the Michigan judiciary and MERC. Regents of the University of Michigan v Local 1583 AFSCME, 1977 MERC Lab Op 496; Wayne-Westland Education Association v Wayne-Westland Community Schools, 176 Mich App 361, 439 NW2d 372 (1989).

What is an unfair labor practice?

Where an employer advised the union representative that his presence was only a courtesy and that the representative had to remain silent and could not interrupt, but had to sit down or be put out, the employer was deemed to have committed an unfair labor practice.

What is the purpose of union representation in an interview?

The purpose of union representation in an interview is to safeguard the employee’s interest as well as the interest of the entire bargaining unit to insure the employer does not impose punishment unjustly.

What is the right to union representation and assistance during an interview?

The right to union representation and assistance during an interview is founded in the employee’s right to act in concert with other employees for mutual aid and protection. Section 9 of PERA, therefore, recognizes the same principle found in section 7 of the NLRA.

Can a union representative interfere with an interview?

The Union representative is not allowed to interfere with questioning by answering on behalf of the employee. City of Oak Park, 1995 MERC Lab Op 576. In NLRB v Southwestern Bell Telephone Company, 730 F2d 166 (5th Cir, 1984), it was held that a union representative must be afforded an opportunity to participate in the investigatory interview, however, the meeting is not to be transformed into an adversary contest. An employer may insist that the union representative not answer questions put to the employee, however, the representative is allowed to consult with the employee and is permitted at the end of the interview to make additions, suggestions or clarifications. In addition, the employee cannot be prohibited from consulting with the representative during the interview. Southwestern Bell Telephone Company v NLRB, 667 F2d 470 (5th Cir, 1982).

Why do you bring a friend to a lawyer?

Many clients wish to bring a friend or a relative with them when they meet with their lawyer, particularly for an initial consultation. Having a friend or a relative with you can be helpful to provide emotional and moral support. I frequently hear from potential clients at the first consultation that they brought a third party along because they were concerned about being unable to recall details regarding the marriage, the relationship, assets, finances or the incident (in the case of domestic violence) which brought them to me. However, it has been my experience that, in most cases, except in cases of mental incapacity, potential clients are in fact able to recall sufficient details for the attorney to assess the case and make recommendations.

What is the attorney/client privilege?

The attorney/client privilege protects the client from the attorney disclosing any communication during the course of the representation or consultation.

Can a friend bring a family lawyer?

Having a friend or relative present may seem helpful when meeting with your family lawyer, but their presence could damages the confidentiality. Many clients wish to bring a friend or a relative with them when they meet with their lawyer, particularly for an initial consultation.

Can a relative meet with a family lawyer?

Having a relative or friend meet with you and your family lawyer may compromise that protection. Note, as well, that even if a third party pays an attorney’s consultation fee or retainer for representation, the attorney/client relationship exists only between the client and the attorney – not between the benefactor or guarantor of the fee.

What happens if you talk to a union before a union election?

When talking to union representatives before, during, or after a union election, always remember that unnecessarily antagonizing employees out of frustration, including union stewards, will lead to charges of Unfair Labor Practices (ULPs) and encourage employees to vote for or retain a union.

What are the guidelines for talking to union representatives?

The guidelines for talking to union representatives are mostly common sense. Combine this with having knowledgeable and informed leaders, and you should feel comfortable and prepared for talking to union representatives.

Why do stewards clash with employers?

The NLRB recognizes that union representatives and employers will clash because the whole point of many interactions is for the steward to express a grievance about a workplace issue or for union representatives to protest employer actions or policies.

Why did the NLRB cancel a meeting with bargaining unit employees?

The employer was appealing the NLRB Summary Order and canceled a meeting with bargaining unit employees because (per the union) a Teamsters Local 727 was going to be present. The employer has hired a labor law firm.

How rude are shop stewards?

If you read the union websites, you’ll see that shop stewards can be as rude, profane, and aggressive as they please, as long as they are conducting union business. Some even say the steward should get right in the manager’s face. The NLRB recognizes that union representatives and employers will clash because the whole point of many interactions is for the steward to express a grievance about a workplace issue or for union representatives to protest employer actions or policies. During these times of contention, be sure to always adhere to Human Resources policies and procedures. Don’t make any promises or bribes to help diffuse this situation, as this goes against your legal rights and could lead to Unfair Labor Practices.

What is the issue with union workers?

One of the issues that employers frequently face in a union workforce is determining what the law considers insubordination as an employee versus the right of the union steward to advocate for coworkers in an aggressive and sometimes rude fashion. On the one hand, the employee must adhere to Human Resources policies and procedures. On the other hand, the shop steward should defend employee rights vigorously.

What is union organizing?

Union organizing campaigns are high-tension events, tempting employers to say things they’ll regret later. Simply talking to union representatives can be difficult and cause tension. When it comes to employers rights against unions, you may wonder what you can and can’t say, or how to speak to a representative in the first place.

What Should I Bring to The Meeting with My New Lawyer?

• Here are some suggestions for what to bring to your meeting with your attorney (or prospective attorney). 1. A pen and pad of paper or the electronic equivalent!You will surely want to write down notes on any issues or questions that arise. 2. A list of questions. If you're seeking legal help, you're probably in a sticky enough situation that you h...

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