my employee was present when i spoke with my lawyer

The answer is “No.” While employees in union workplaces do have a right to have a representative present during investigative interviews that could result in discipline, employees – even those represented by unions – do not have a right to have a lawyer present when being questioned by human resources.

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When the employee says “I Want my Lawyer?

The answer is “No.”. While employees in union workplaces do have a right to have a representative present during investigative interviews that …

Does an employee have a right to have a lawyer present?

Aug 15, 2019 · As far as finding a lawyer, almost every state bar association has a lawyer search function on their websites. Some states allow you to filter by practice area – if yours does, add that filter and go down the list of names it generates. Go through that list of names and call/check out their websites*.

Do I have to listen to what my lawyer says?

See Rule 4.4. [8] The prohibition on communications with a represented person only applies in circumstances where the lawyer knows that the person is in fact represented in the matter to be discussed. This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from the circumstances.

When should you contact a lawyer for an employment agreement?

Apr 13, 2017 · If any of these happen to you, you should contact a lawyer immediately: Your employer or former employer sues or threatens to sue you; You’re being asked to sign an agreement that you don’t fully understand, especially if it’s a non-compete, confidentiality, arbitration, or employment agreement; You’ve been accused of a crime (contact a ...

Can my employer tell me who I can talk to?

Can my employer dictate what I do in my personal life?

Can a lawyer represent you without you knowing?

Can HR ask for personal phone records?

What bosses should not say to employees?

What is illegal for employers to do?

Can a lawyer snitch on you?

Can my lawyer friend represent me?

Can lawyers incriminate you?

Can my employer see my text messages on my personal phone?

Can my employer see my browsing history on my personal phone?

Can employers look through your phone?

Can a lawyer advise a client?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.

Can a lawyer make a communication?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent justification ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

What to do if your termination doesn't feel right?

If you think you might have claims, if your termination doesn’t feel right or you think something has happened that’s illegal, you might want to run it past a lawyer. Being taken seriously: Some employers don’t take you seriously unless you have representation.

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.

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.

How to make a written complaint of discrimination to the human resources department?

To make a written complaint of discrimination to the human resources department, as long as you follow the policy; 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);

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).

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.

Can a law firm represent a client?

It's also important to note that a law firm may be able to represent a client even though a single attorney had a conflict of interest, if a "firewall" can be successfully put around the attorney with the conflict. This essentially means that the matter would not be discussed with or around the attorney with the conflict, ...

Can an attorney answer questions?

If so, it's a good idea to get in touch with a skilled attorney near you. An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

Do attorneys have to do conflict checks?

While an attorney may be able to easily identify a conflict, sometimes they're not always easy to spot. Because of this, it's the attorney's responsibility to perform regular conflict checks when taking on a new client.

Can an attorney represent a client despite conflict of interest?

Attorney Conflicts of Interest: Exceptions. There are times when an attorney may be able to represent a client despite an apparent conflict of interest, although the rules on this can vary by state. For example, a lawyer may be able to accept an individual as their client if:

Is representation illegal in a lawsuit?

The lawyer believes they can provide " competent and diligent " representation to all affected clients; The representation isn't illegal in any way; The lawyer isn't representing two clients against each other in the same lawsuit; and. Each affected client provides informed consent in writing.

Can a conflict of interest occur at the law firm level?

It's also possible for there to be an issue if the potential client's interests are at odds with the attorney's own interests. A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), ...

Can a lawyer reveal a client's oral or written statement?

This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, without their clients' consent.

Is a lawyer's client's communication confidential?

Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential. ( Katz v. U.S., U.S. Sup. Ct. 1967.)

What is the relationship between a lawyer and a client?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, ...

What does Heidi tell her lawyer about the drugs?

Heidi tells her lawyer that the drugs belonged to her , and that she bought them for the first time during a period of great stress in her life, just after she lost her job. Heidi authorizes her lawyer to reveal this information to the D.A., hoping to achieve a favorable plea bargain.

Is a jailhouse conversation confidential?

Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area of the jail and the attorney and defendant do not speak so loudly that jailers or other inmates can overhear what is said.

Does Blabbermouth waive confidentiality?

Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (other than a spouse, because a separate privilege exists for spousal communications; most states also recognize a priest-penitent privilege). Defendants have no reasonable expectation of privacy in conversations they reveal to others.

Can a jailer testify to a defendant's statement?

If a jailer monitors a phone call and overhears a prisoner make a damaging admission to the prisoner's lawyer, the jailer can probably testify to the defendant's statement in court.

What are the sources of employee rights?

Contract Rights: Employees who have an individual contract with their employer or employees covered by a union/ collective bargaining agreement would be covered under the stipulations in the contract if their employment is terminated. Company Policy: When a company plans layoffs, it may have a severance plan in effect. ...

What do you do if you feel discriminated against?

When You Need Help. If you feel that you have been discriminated against or haven't been treated according to the law or company policy, you can get assistance. The U.S. Department of Labor, for example, has information on each law that regulates employment and advice on where and how to file a claim.

Can a private employer terminate a job?

Most private-sector employees in the United States are employed at-will, which means that their employers can terminate their job at any time, for any reason or no reason at all—barring discrimination. This means that many newly terminated employees are taken by surprise.

Can you be laid off without notice?

While some employers may provide warnings and advance notice of termination, others move swiftly and unexpectedly. If you've recently lost your job, you may be wondering what your rights are. Because a layoff can happen to anyone, often without warning, it is extremely important to be prepared to change jobs.

What rights do terminated employees have?

In addition to a final paycheck, employees could be entitled to things like continued health insurance coverage, extended benefits, severance pay, and unemployment compensation. It is important to know exactly what your rights are as an employee when you lose your job.

What are the rights of a company when it has a layoff?

Statutory Rights: Statutory rights are those provided by federal or state law. They include unemployment insurance, advance notification of the closing of or a substantial layoff at a facility ...

Can you be taken by surprise when you are terminated?

This means that many newly terminated employees are taken by surprise. While some employers may provide warnings and advance notice of termination, others move swiftly and unexpectedly. If you've recently lost your job, you may be wondering what your rights are. Because a layoff can happen to anyone, often without warning, ...

Is it okay to swear at an employee?

A fellow Forbes columnist noted recently that while it is inadvisable for a boss to swear in front of an employee, it is absolutely unacceptable to swear at an employee.

Should a boss swear at an employee?

A fellow Forbes columnist noted recently that while it is inadvisable for a boss to swear in front of an employee, it is absolutely unacceptable to swear at an employee. In summary, a great manager should keep his or her word and strive to set a good example.

Does a boss discriminate against employees?

A great boss will never discriminate, and will never make an employee feel vulnerable, directly or indirectly, as the result of their gender, religious or political affiliation or race. Behavior such as this, if not illegal, is boorish.

What do managers need to communicate?

Managers need to communicate expectations clearly. They should give employees the resources, budgets, deadlines, training and support they need to complete an assignment with distinction. Managers should ask workers to repeat the instructions they receive to insure they fully understand the assigned tasks.

Can you write up your feelings at work?

You can have a lot of conflicting emotions if you get written up at work, and you’re likely to have an even stronger reaction if you feel the write-up was made in error, or from information taken out of context. Most employers allow employees to counter write-ups, both disciplinary and in performance evaluations.

What happens if you fail to sign a write up?

Failing to sign a write-up could be considered insubordination, and could be subject to other disciplinary action. If you look at the facts and recognize you are at fault, or at least played a small role in the incident, admit to your mistake and explain to your manager how you plan to rectify the situation and prevent future problems. ...