Legal Issues in Human Resources Management (pdf) - University of ...

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The University of California 2. Develop the Facts in Context Investigate • Public employee may be compelled by threat of job discipline to answer employer’s potentially incriminating questions without a formal grant of immunity – so long as employee is not coerced into waiving his 5th Amendment rights. Spielbauer v. County of Santa Clara (2009) 45 Cal.4th 704. – This ruling reversed lower court decision holding that employee’s refusal to answer questions could not be grounds for discipline unless employee first received an affirmative offer of immunity from criminal use of his statements. 10
The University of California 3. Spot Issues • Analyze the facts you’ve gathered. • What labor/employment issues are presented? 11
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Legal Issues in Human Resources Management (pdf) - University of ...

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