When an employer is questioning an employee to obtain information to support or possibly alter its disciplinary decision, Weingarten rights apply. Most employers will stop the meeting and allow the employee to contact his or her union representative when Weingarten rights are asserted.

What circumstances trigger an employee's Weingarten rights?

Four conditions must be met before an employee's Weingarten rights are triggered: A management representative must seek to question the employee. The questioning must be in connection with an investigation. The employee must reasonably believe that the interview may result in disciplinary action against the employee.

What conditions must be met for an employee to exercise Weingarten rights to have union representation present at a meeting with management?

An employee is entitled to union representation when all of the following conditions are met: The employee must be questioned in connection with an investigation; The employee must reasonably believe he or she may be disciplined as a result of the answers; and. The employee must request representation.