Q & A Session – Right to Representation during Administrative Investigations

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q: 

Do non-bargaining unit employees have a right to representation during administrative investigations? 

A: 

Employees do not have a legal right to representation during administrative investigations. However, some agencies as a practice allow employees to be represented by counsel when interviewed in the course of an administrative investigation. You should contact the investigating authority and review your employer’s internal policies to learn more. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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