NLRB V. J. Weingarten, Inc.: A Case Study

Investigative interviewing is an essential aspect of the investigative process for law enforcement officers, private investigators or security personnel. As most information comes from people-suspects, witnesses or even management- it is necessary to have the knowledge and proficiency in interviewing.
Legal considerations for employee interviews Before security personnel begins the interviewing process, they must know the legal structure and considerations that are part of every interview. Law enforcement personnel have undergone training in the academy and learned about Miranda rights but interviews in a non-law enforcement capacity require more knowledge. Since Miranda doesn’t apply in private sector investigations, it’s imperative that investigators get the training and knowledge they need prior to conducting even one interview. They also should have classes yearly that reinforce and go over any changes in the law. One case that every company with union employees need to understand is the landmark case of NLRB v. J. Weingarten, Inc. (CASE INFO) During the course of an investigatory interview, the employee asked for and was denied the presence
These questions are needed to clarify information only. Too often interviewers avoid asking questions that are point blank, “did you do it” type of questions. These type of questions should be asked but rarely are by law enforcement and probably also security personnel because they fear it comes off as coercive or perhaps they will be giving away information by stating questions in an investigation. Another reason interviewers may be fearful of that line of questioning is that if phased wrong, can lead to being counterproductive and contaminate the interview. This line of questioning works well if the evidence is strong. According to Detectives interviewed for this paper, it works particularly well with inexperienced suspects or