What are Weingarten Rights?

Under the Supreme Court's Weingarten decision, unionized employees have certain rights to protect yourselves during investigatory interviews. Non-union workers do not have these rights. When an investigatory interview occurs, you can activate your Weingarten Rights: 

1. You must make a clear request for Union representation before or during the interview. You cannot be punished for making this request. 

2. After you make the request, your employer must choose among three options. Your employer must either: 

a. Grant the request and delay questioning until a Union representative 

arrives and has a chance to consult privately with you; or 

b. Deny the request and end the interview immediately; or 

c. Give you a choice of:  

1. having the interview without representation or  
2. ending the interview. 

3. If your employer denies the request for union representation and continues to ask you questions, your employer is committing an unfair labor practice, and you have the right to refuse to answer. Your employer may not discipline you for such a refusal.