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Know Your Rights

Know Your Rights: Essential Protections for Nurses and Health Professionals

At the Ohio Nurses Association (ONA), we believe that every nurse and health professional deserves to work in an environment where their rights are understood and respected. Whether you’re facing a disciplinary meeting, employment termination, or a situation involving potential criminal accusations, it’s crucial to know your legal protections.

Weingarten Rights: Your Right to Representation

Under federal labor law, Weingarten Rights grant union members the right to have union representation during investigatory interviews that could lead to disciplinary action. Here’s how it works:

  1. When It Applies: If you’re called into a meeting that you believe could result in discipline, you have the right to request union representation.
  2. How to Invoke: You must explicitly ask for a representative. Your employer is not required to inform you of this right, unless your contract explicitly state that representation must be offered.
  3. Employer Options: Once invoked, the employer must either grant the request and delay the meeting, deny the request and end the meeting, or give you the choice to proceed without representation (which is not recommended).

What You Can Do

  • Clearly state: “If this conversation in any way could lead to discipline or termination, I request union representation before continuing this meeting.”
  • Contact your local union representative immediately.
  • Take notes and avoid making any admissions until your representative is present.

Loudermill Rights: Due Process Before Termination (PUBLIC SECTOR ONLY)

Loudermill Rights protect public employees from being terminated without due process. These rights stem from the landmark Supreme Court decision in Cleveland Board of Education v. Loudermill (1985).

  1. What It Means: Public employees are entitled to a pre-termination hearing where they can:
    • Receive notice of the charges or reasons for termination.
    • Have an opportunity to respond to those charges.
  2. Why It Matters: This ensures you have a chance to present your side before an employer makes a final decision.

What You Can Do

  • Request clear, written documentation of any allegations or proposed actions.
  • Prepare a statement or evidence in your defense.
  • Consult with your union representative to navigate the process effectively.

Garrity Rights: Protection Against Self-Incrimination (PUBLIC SECTOR)

Garrity Rights safeguard public employees from being compelled to self-incriminate during investigatory interviews conducted by their employer.

  1. When It Applies: If your employer or supervisor is conducting an investigation and threatens disciplinary action for refusing to answer questions, Garrity Rights may apply.
  2. How It Works: You can assert that your statements are being made under threat of discipline and cannot be used against you in criminal proceedings.
  3. Limitations: Garrity Rights protect you from criminal liability but do not shield you from employment-related consequences.

What You Can Do

  • State: “I am providing this statement under the protection of Garrity Rights, and it cannot be used against me in a criminal investigation.”
  • Immediately inform your union representative.
  • Document the interaction thoroughly.

Why Knowing Your Rights Matters

Your rights as nurses and health professionals are critical to protecting your career and ensuring fair treatment. The Ohio Nurses Association is here to support you every step of the way. If you need guidance contact your ONA representative.

For more information on your workplace rights, contact ONA at 614-969-3800 or explore additional resources on our website.