Know the Weingarten Trigger
Apply the Weingarten trigger and employer response options during an investigatory interview.
Principle line: After the Weingarten request, process comes before questions. What the framework protects Weingarten is a trigger rule, not a politeness rule. In a union-represented setting, the employee must request representation, and the interview must be one the employee reasonably believes could lead to discipline. Once the request lands, management should not keep probing as if nothing changed. The practical response is to pause and choose a lawful path: grant the request and wait, end the interview, or give the employee a clear choice between continuing without representation or ending the interview. The mechanism is mutual aid: the representative…
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