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Minnesota Government Engineering Council

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Weingarten Rights

11 August 2022

Too often state employees find themselves in interviews with HR alone. Sometimes they are asked to recount something they witnessed.  But sometimes these interviews can transition an employee from being a witness of an event to the subject of an investigation. As a union-represented employee, you have rights in these situations that aren’t otherwise available. One of the most important is your right to have a union representative present in such a meeting, also known as your Weingarten right.
Any meeting with management can involve your Weingarten right if you reasonably suspect the outcome of the meeting may result in discipline or even an adverse outcome. A union representative can act as a witness in the meeting, help you clarify your answers, and keep the situation from becoming abusive.
If the employer refuses to honor your request to a representative, the results of the meeting can’t be used against you. While the State of Minnesota is generally good at honoring requests for representation, it’s up to you to ask. Unlike your Miranda rights, HR isn’t required to make you aware of them.

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MINNESOTA GOVERNMENT ENGINEERING COUNCIL

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