Labor/Employment
Mar. 2, 2007
Wrongly Decided Case Hampers Employee Misconduct Probes
Forum Column - By Brian P. Walter and Connie M. Chuang - It's hard enough for a public entity to conduct employee misconduct investigations. A recent appellate opinion has just made the process much more difficult.
By Brian P. Walter and Connie M. Chuang
The 6th District Court of Appeal recently held, in Spielbauer v. County of Santa Clara, 146 Cal.App.4th 416 (2007), that a public employer cannot discipline an employee for refusing to answer incriminating questions, even when the employer advises the employee that his statements cannot be used against him in a subsequent criminal ...
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