Labor and Employment attorneys Bob Ames, Robin Burroughs and Karel Mazanec authored "Pre-Interview Garrity Warning" in Practical Law The Journal. The article discusses the need for and use of a Garrity warning when a government employer is conducting an administrative investigation related to employee misconduct. The following is an excerpt:
"This warning, generally known as a Garrity warning, originates from Garrity v. New Jersey, where the U.S. Supreme Court recognized a government employee's right against self-incrimination (385 U.S. 493 (1967)). Government employees cannot be discharged for invoking their right against self-incrimination. Therefore, a government employer must generally provide a Garrity warning before the government employer may discipline or terminate an employee for refusing to answer questions during an administrative interview (see Billings Gazette v. City of Billings, 267 P.3d 11, 20 (Mont. 2011))."