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Employees' Right to Representation During Employer Interviews

Author: Tracey E. Diamond

11/27/2017

Read the full post at HiringToFiring.Law

Employees' Right to Representation During Employer Interviews

Q.  I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his “representative.” Can we say no?

A.  Yes! While the NLRB has flip-flopped on this issue several times over the past few decades, the current ruling is that employees in non-union workplaces do not have so-called “Weingarten” rights to representation during company interviews. The history of whether Weingarten rights to representation cover non-union employees is an interesting example of the effect of the shifting political landscape over time.