Define: Weingarten Right

The Weingarten right is a legal protection that allows employees to have a union representative present during any investigatory meeting that could potentially lead to disciplinary action.

The Weingarten right applies to employees who are represented by a labor union.

An employee can exercise their Weingarten right when they reasonably believe that the investigatory meeting may result in disciplinary action against them.

To invoke their Weingarten right, an employee must clearly request the presence of a union representative during the investigatory meeting.

No, an employer cannot deny an employee’s request for a union representative during an investigatory meeting. Denying this right would be a violation of the employee’s labor rights.

The union representative’s role is to provide support and assistance to the employee during the meeting. They can ask questions, clarify information, and ensure that the employee’s rights are protected.

No, an employee cannot be disciplined solely for invoking their Weingarten right. Any disciplinary action taken against an employee for exercising this right would be considered unlawful retaliation.

No, an employee cannot be forced to attend an investigatory meeting without a union representative if they have invoked their Weingarten right. The employer must either provide a representative or reschedule the meeting.

The Weingarten right does not apply to non-union employees. Additionally, it does not apply to meetings that are purely informational or when the employee is not the subject of the investigation.

If an employee believes their Weingarten right has been violated, they should contact their union representative or labor attorney to discuss their options. They may be able to file a complaint or take legal action to protect their rights.