My article "Between the Rock and the Whirlpool: Compelled Statements by Public Employees" will be published in the Fall 2009 issue of Labor Law Journal. This article provides a comprehensive summary of the case law involved with Garrity Rights, and explores the inconsistency of the courts in determining what type of penalty an employee must be threatened with in order for Garrity protection to be triggered.
The question the article seeks to explore is: if a public employee cannot legally be compelled to incriminate themselves by their employer, then what constitutes compulsion?
I will link or summarize the article here when it becomes available.
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Hi:
ReplyDeleteI am researching the issue of compulsion by public employers and have read your article. It was very useful. I was still wondering what happens when the employer just tells the employee to go to the police and answer a few questions. Can that employee claim that he was under compulsion because his employer told him so?