Understanding Your Garrity Rights in California: What Public Employees Need to Know

Garrity rights protect California public employees from having statements compelled under threat of losing their jobs used against them in a criminal prosecution. These protections come from the U.S. Supreme Court's decision in Garrity v. New Jersey and are especially important when an internal workplace investigation could also involve criminal allegations.

If you are a peace officer, correctional officer, firefighter, or other public employee facing an investigation, what you say during an interview can have serious consequences for your career. 

At Goyette, Ruano + Ulmer, our attorneys have extensive experience representing California public safety and public sector employees in disciplinary and administrative matters. We understand what's at stake when your employer begins questioning your conduct.

What Are Garrity Rights?

The U.S. Supreme Court established these protections in Garrity v. New Jersey in 1967.

The case involved police officers who were told they could lose their jobs if they refused to answer questions during an investigation. Their statements were later used against them in criminal proceedings.

The Court ruled that statements obtained under threat of losing public employment could not be used against the employees in a criminal prosecution.

The distinction is important. Garrity rights protect against compelled self-incrimination, but they do not necessarily prevent an employer from requiring you to cooperate with an administrative investigation.

Can You Refuse To Answer Questions During An Internal Investigation?

Not necessarily. This is one of the most important things California public employees need to understand.

Your employer may have the authority to require answers to questions directly related to your official duties. Refusing to cooperate with a lawful administrative investigation can result in discipline, potentially including termination.

However, when statements are compelled under threat of job loss, constitutional protections generally prevent those statements, and evidence derived from them, from being used against you in a criminal prosecution.

This creates a difficult situation for employees who may be facing both administrative discipline and criminal allegations. The distinction between a voluntary statement and a compelled statement can become critically important.

Before participating in an investigative interview, it is important to understand whether your answers are being compelled and what protections apply.

Additional Protections For California Public Safety Officers

California provides additional protections for certain public safety employees through the Public Safety Officers Procedural Bill of Rights Act.

Depending on the circumstances, covered officers have rights involving the timing and conditions of interrogations, notification of the investigation's nature, representation, and access to certain recordings.

Under California law, when it is determined that a covered public safety officer may face criminal charges, specific constitutional-rights notification requirements also apply.

The California Supreme Court addressed these protections in Lybarger v. City of Los Angeles, a case involving an officer's refusal to answer questions during an administrative investigation.

Together, these protections make it especially important to understand what kind of investigation is taking place and what your employer is legally permitted to require.

What Should You Do If You Are Facing An Investigation?

If your department or public employer has notified you of an investigation, take the situation seriously from the beginning.

• Ask what type of investigation is being conducted. Find out whether the questioning is administrative, criminal, or potentially both.
• Request representation. Depending on your position and the investigation, you may have statutory, contractual, or other representation rights.
• Understand whether your statements are compelled. Do not assume that refusing to answer is automatically protected.
• Preserve relevant records. Keep appropriate notices, correspondence, and documents without violating department policies or confidentiality requirements.
• Get legal advice before the interview. An attorney familiar with California public employment law can help you understand your obligations and the potential consequences of your answers.

If disciplinary action follows, eligible California state employees may also have appeal rights before the State Personnel Board. Those proceedings have separate rules and deadlines.

Experienced Representation For California Public Employees

Goyette, Ruano + Ulmer has a long history of representing California public employees, with a particular emphasis on peace officers, correctional officers, firefighters, and other public safety professionals.

Our attorneys understand the relationship between administrative investigations, disciplinary proceedings, employment rights, and potential criminal exposure. As a full-service California law firm, we can evaluate the broader legal issues surrounding an investigation instead of treating employment discipline and criminal concerns as entirely separate matters.

We believe public employees deserve direct answers about their rights and the potential consequences of their decisions, particularly when their careers and reputations are at risk.

Protect Your Career And Your Rights Before An Investigative Interview

If you have been ordered to participate in an internal investigation, received notice of potential disciplinary action, or are concerned that your statements could expose you to criminal charges, getting legal advice early can make a meaningful difference.

Goyette, Ruano + Ulmer represents public employees throughout California, including Sacramento, Fresno, Modesto, Redwood City, and San Francisco. Our attorneys can review your circumstances, explain the protections that may apply, and represent your interests during the investigative and disciplinary process.

Contact our team to request a case evaluation before your investigative interview.