Know Your Rights

As an OCEA member, it’s essential to understand you have rights if issues arise in the workplace. As a public employee, you have both Weingarten Rights and Garrity Rights. If you ever have issues or concerns, please speak with your site-based Association Representative (AR) or contact the OCEA office.

Weingarten Rights

As an OCEA member, you have the right to request a representative during an investigatory interview. There is no such thing as an “unofficial” or “informal” meeting!

DO NOT sign or agree to anything. DO NOT make or write a statement.

REMAIN SILENT….

Remember: Prior to answering questions or making a statement to an administrator, law enforcement, DCF or DOE investigator.

Ask: What is the purpose of the meeting? What possible consequences may occur as a result of the meeting?

State: “I am willing to cooperate with the investigation; however, I am requesting that the investigation be rescheduled at a time when I can have a representative of my choice present.”

Contact the OCEA office
Phone: 407-870-4648

Garrity Rights

Public employees cannot be forced, under clear threat of discipline, to violate the principles of compulsory self-incrimination.

Should you ever find yourself in a situation where Garrity Rights are needed, understand that your employer may have never heard of Garrity Rights and their meaning. Simply let your employer know that you understand that they need to investigate, but that you also have a Fifth Amendment right against self-incrimination.

To ensure your Garrity Rights are protected, you should ask the following questions:

  1. If I refuse to talk, can I be disciplined for the refusal?
  2. Can that discipline include termination from employment?
  3. Are my answers for internal and administrative purposes only and are not to be used for criminal prosecution?

Contact the OCEA office
Phone: 407-870-4648

Grievance Process

Grievances can be filed when an administrator violates the contract.

Contact the OCEA office for guidance – The OCEA President and/or staff will write the grievance on behalf of our members

Remember

We can’t represent you if you’re not a member. To receive legal representation from FEA, you must be a member in good standing for 30 days before any accusation is brought forward. Don’t wait until after an issue arises to find representation. Make an investment in your career for your rights, your voice, and your association.