Employee Rights Flashcards
Can an employee be disciplined without the element of just cause?
No
Does the Director reserve the right to conduct internal affairs and line investigations and the County Personnel Board?
Yes
In conducting investigations the Director and/or the County WILL knowingly
commit any act that deprives the employee of any statutory or constitutional rights
or privileges.
True or False
False, they will not
Before an employee is questioned or interviewed concerning an
investigation, he/she will be informed about the nature of the investigation in
writing, and whether he/she is the subject of the investigation or a witness.
True or False
True
Interviews and questioning of employees will be conducted in a professional
manner. Statements from employees WILL be taken in a coercive manner.
Departure from the truth during an investigation shall be considered just
cause for discharge.
True or False
False, It will not be taken in a coercive manner
When an employee is being questioned about possible criminal matters and
it has been determined that any self-incriminating statements that the
member makes WILL be used against him/her in a criminal prosecution,
“Garrity” warnings will be given to the employee.
True or False
False, it will not be used against them.
Employees who are the subject of an investigation shall, upon request, (i)
have the right to union representation or, if the employee so chooses, legal
counsel, and (ii) receive a copy of their written or recorded statement at no
cost to the employee no less than 24 hours prior to their “Loudermill” hearing.
True or False
True
Upon the conclusion of an investigation against him/her, the accused
employee who had prior notification of an investigation shall be notified about the case’s outcome.
True or False
False, they shall be notified in writing of the case’s outcome.
Can the County, the F.O.P, or the director make any press releases about the investigation or those of non-criminal nature?
No
If the Director decides to conduct performance evaluations of employees,
such evaluations shall be conducted on a regular basis, and fairly and
adequately cover the duties and responsibilities of each employee. In that
event, the employee will be provided with a copy of the evaluation used, and
the Director agrees to discuss with the employee all terms contained in such
evaluation. The employee shall have the right to add pertinent information
or brief comments to any evaluation and to have such comments or
information attached to such evaluation within ten (10) calendar days of
receipt of said evaluation.
True or False
True
Any investigation with an outcome of Unfounded or Exonerated shall be
referred to in a performance evaluation?
True or False
False, it shall not be referred
Do performance evaluations need to be maintained on a confidential basis with
access available only to the employee, the employee’s supervisors, and
authorized members of the Department of Corrections Command staff?
Yes or No
Yes
How many personnel files shall be maintained at the Department of corrections?
One
Does an employee have the right to respond in writing to any adverse
comment or incorrect information contained in his or her personnel file?
Yes or No
Yes
Do comments on any disciplinary action or performance evaluation need to be
added within fifteen work days following the date when the discipline or
evaluation is delivered to the employee?
True or False
False, must be with in 10 days
