Q & A Session – Right to Representation during Administrative Investigations


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.


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


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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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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