Legal Definitions - Weingarten right

The Weingarten right refers to an employee's legal entitlement to have a representative present during an investigatory interview with their employer. This right applies when the employee reasonably believes the meeting could result in disciplinary action, such as suspension, demotion, or termination. Initially established for unionized employees by the U.S. Supreme Court in NLRB v. J. Weingarten, Inc., the National Labor Relations Board (NLRB) later extended this protection to non-union employees as well.

• Example 1: Sarah, a unionized factory worker, is called into her supervisor's office along with a human resources manager. They inform her they want to discuss a recent quality control issue on her production line. Sarah, knowing that similar incidents have led to suspensions for other employees, reasonably believes this meeting could result in disciplinary action against her. She can assert her Weingarten right and request that her union steward be present before the meeting proceeds.

  Explanation: Sarah's reasonable belief that the investigatory meeting could lead to disciplinary action, combined with her status as a unionized employee, triggers her right to have a union representative present.

• Example 2: Mark works as a software developer at a non-union tech company. His manager schedules a meeting with him and a senior project lead to "review recent project delays and your contribution." Mark has received informal warnings about his project timelines in the past and fears this meeting could lead to a formal reprimand or even termination. Before the meeting begins, Mark can invoke his Weingarten right and ask to have a colleague or another representative present to support him.

  Explanation: Even though Mark is not in a union, his reasonable belief that the meeting could result in disciplinary action (a formal reprimand or termination) allows him to request a representative under the extended Weingarten protections for non-union employees.

• Example 3: Emily, a non-union retail associate, is asked by her store manager to meet with the loss prevention team to discuss "inventory discrepancies" from her shift last week. Emily is concerned she might be accused of negligence or even theft, which could lead to her dismissal. She can assert her Weingarten right and request that a co-worker or another trusted individual be present during the interview with loss prevention.

  Explanation: Emily's reasonable apprehension of disciplinary action (accusation of negligence/theft leading to dismissal) in an investigatory meeting with her employer's loss prevention team means she can exercise her right to have a representative present, despite not being a union member.