Sample Employee Rights Form (Contracts)

• Author: Judson W. Starr/Amy J. McMaster/John F. Cooney/Joseph G. (Jerry) Block/David G. Dickman
• Pages: 455-455

Page 455

Advisory Memo to Employees of XXXXXXX

Regarding Contacts by

Government Investigators

[DATE]

is memo is being circ ulated for the purpose of advising employees of X XXX XXX that the y may be contacted

by government investigators who want to interv iew them. ese interviews will most li kely be related to the current

investigation of X XXX XXX. Such c ontacts with these investigators might occ ur on the job or during o-hours, at

home, or away from company premises.

is memo is also intended to provide employees with general guidance about their rights, duties, and obligations

with respect to possible contact by i nvestigators. Employees should be awa re of the following:

1. Government investigators h ave a legal right to contact employees a nd to request an interview. However, they

do not have any legal authority by wh ich they can force e mployees to speak with t hem or to submit to an interview.

It is improper for investigators to resort to th reats or intimidation in order to obtain an intervie w.

2. Employees have the right to sp eak with investigators as well a s the right to refuse to speak to them. e y also

have the right to have an attorney present during any interview, to confer with a n attorney before an interview, and

to end an interview at a ny time.

3. XX XXXX X has hired __ _____ _____ _____ ____ _ of XXXX XX in XX XXX X to represent it with regard

to this investigation. In order to ensure that employees understand their rig hts, duties, and obligations, X XXXX XX

can also arran ge, at its expense, for legal representation of employees who may be approached by government investi-

gators. A lawyer ca n be made available to consult with employees who have fu rther questions about their rights and

obligations regard less of whether they have been a pproached by a government investigator.

4. Although you are encouraged to make use of the legal services at the company’s expense, you do have a right to

forego such representation. You may choose to deal with the government investigators d irectly. You may also choose

to secure some other lawyers at you r own expense.

5. Statements m ade to a government investig ator may const itute legal admissions that can later be used as evi-

dence against t he company, the employee, or both in an admin istrative, civil, or criminal proceed ing.

6. Employees who choose to submit to an interview should tell the trut h and should state as fact only those mat-

ters that they know to be f act. It is unwise to guess or speculate.

7. Neither speaki ng to government investigators nor declining to speak to them at th is time will prevent or fore-

close compulsory grand jury testi mony in the future. Legal cou nsel is available to c onsult with present and former

employees regarding t heir rights and obligat ions if served with a g rand jury subpoena.

8. If the government has approached you with questions about your job or the company, or if you become aware

that the government has approached a nother employee (whether current or former), consultant, or contractor of the

company regarding si milar concerns, please call _ ____ _____ _____ ___.

Should you have any questions regard ing this memorandum, please contact __ _____ _____ __.