When Do My Rights Under POBR Apply?
One of the most difficult questions you could face is when do your rights under POBR apply? We take the position that virtually any investigation could lead to punitive action against you. If an investigator wants to talk to you, the first questions you should ask are whether you are under investigation and whether the investigation could lead to any form of discipline, punitive, or adverse action against you. Unless you are purely a witness to an incident, (which means you are not under investigation yourself), an investigation always has some chance of leading to adverse action against you. You may initially be considered a witness but knowledge you have could possibly implicate you in a manner not known to your Agency. You should consult with your Labor representative or attorney before any interrogation even if you are told you are just a witness.