New Jersey OIG Agent Warnings and Federal Employees Lawyers

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Federal Employees and Office of Inspector General (OIG) Investigations

Federal employees, including members of the armed forces, politicians, legislative staff, and civil servants, are subject to investigations conducted by the Office of Inspector General (OIG). When a federal employee is called for an interview by an OIG agent, they are given specific warnings regarding the statements they make during the interview.

If you are a federal employee under investigation, there are two possible outcomes. You may either face criminal charges or face administrative actions related to your job. The OIG agent is responsible for investigating both situations, as they have distinct differences.

Garrity Warning

The Garrity warning, named after the Supreme Court case Garrity v. New Jersey, is one of the warnings given to federal employees during an OIG investigation. There are different versions of the Garrity warning, but they all emphasize the importance of answering all questions asked by the investigators. Failure to cooperate may result in disciplinary action. Importantly, any information provided by the federal employee cannot be used against them in a criminal proceeding, as per the Supreme Court decision.

It is crucial for federal employees to avoid discussing the investigation with anyone other than their attorney and chain of command. Violating this order can be considered an act of insubordination and may lead to termination of employment.

Kalkines Warning

The Kalkines warning provides advice and rights to federal employees during an internal investigation. This warning compels the federal employee to make a statement or face disciplinary action, which could include dismissal. During the administrative investigation, conducted by the OIG agent, the employee is asked questions related to their official duties. It is important to carefully consider the answers to these questions, as they may be used against the employee. Failure to provide thorough answers may result in disciplinary action, but the information provided cannot be used against the employee in a criminal proceeding unless false statements are given.

The Kalkines warning is applicable when the OIG agent has already consulted with a prosecutor regarding potential criminal charges. It grants the employee an opportunity to be interviewed by the OIG agent, which is a condition necessary to maintain employment. Failure to comply may result in termination or disciplinary action. The Kalkines warning ensures that employees’ constitutional rights are protected while allowing the OIG agents to effectively conduct administrative investigations.

If you are a federal employee facing an OIG investigation, it is crucial to seek guidance and counsel from experienced professionals. Contact Spodek Law Group today for expert advice on navigating the procedures involved in such situations. With over 50 years of experience, our firm has successfully represented numerous clients and achieved positive results.