Fifth Amendment

[MsBuko]

What is the name of your state (only U.S. law)? Ohio

I am an employee with the IRS. As part of my duties, I audit individual/corporate returns. Last Friday I had to speak with two agents from TIGTA (treasury inspector general tax administratiaon). I was advised before the 'interview' that if I took the fifth amendment, my employment would be terminated. I do not understand, how as an United States citizen, I am not allowed to take the fifth amendment in my own defense. I feel like my rights as a citizen were violated.What is the name of your state (only U.S. law)?

 

[cyjeff]

You are confusing constitutional law with employment practice.

You are not being threatened with jail so your fifth amendment protections do not come into play.

In other words, if your boss says "tell me what happened or I will fire you", it is legal.

 

[justalayman]

depending on the situation, there could be a concern of criminal liability and due to that fact the interviewer is a government agency, I believe the 5th amendment may be applicable.

but, as jeff stated, you invoking your rights under the 5th do not mean they cannot terminate you for refusing to answer their questions fully.

So, it's not that they are firing you for invoking your rights. They would be firing you for refusing to answer the questions. I know, it sounds like the same thing but it isn't.

Invoking one's rights can often be an expensive proposition. Often times invoking your rights during a police encounter can result in being arrested where if you had answered the questions posed, you would not. As is often said: freedom isn't free.

 

[cyjeff]

depending on the situation, there could be a concern of criminal liability and due to that fact the interviewer is a government agency, I believe the 5th amendment may be applicable.

Except that she wasn't told she would be charged. She was told she would be fired.

Now, if what the OP did is illegal, I would certainly not talk about it... but I wouldn't be surprised when I was fired, either.

 

[justalayman]

Except that she wasn't told she would be charged. She was told she would be fired.

Now, if what the OP did is illegal, I would certainly not talk about it... but I wouldn't be surprised when I was fired, either.

It makes no difference if they were threatened to be charged or not. Do you think that is a requirement for when the police interview a suspect.

Officer Nubbins to suspect: Now sir, I want you to know that we have no intentions of charging you so you can be completely open and honest. We just want to know where the bodies are. After you tell us where the bodies are, we'll be on our way and you will be free to go on with your life with no fear of penalties for killing 27 people.

As I said; the 5th amendment does allow them to refrain from self incrimination when dealing with the police. In any other situation, a person has complete freedom to refuse to speak at all simply because they choose to. Given the tenor of the post, I would suspect there is a possibility of criminal action on the part of the OP. As such, it would likely be best to remain silent and weather out the repercussions and deal with them as they come along.

 

[LdiJ]

It makes no difference if they were threatened to be charged or not. Do you think that is a requirement for when the police interview a suspect.

Officer Nubbins to suspect: Now sir, I want you to know that we have no intentions of charging you so you can be completely open and honest. We just want to know where the bodies are. After you tell us where the bodies are, we'll be on our way and you will be free to go on with your life with no fear of penalties for killing 27 people.

As I said; the 5th amendment does allow them to refrain from self incrimination when dealing with the police. In any other situation, a person has complete freedom to refuse to speak at all simply because they choose to. Given the tenor of the post, I would suspect there is a possibility of criminal action on the part of the OP. As such, it would likely be best to remain silent and weather out the repercussions and deal with them as they come along.

While I totally agree, that does not change the fact that they can be fired, whether they answer the questions or not.

 

[Mass_Shyster]

While I totally agree, that does not change the fact that they can be fired, whether they answer the questions or not.

More information is needed to determine under what conditions a particular Federal Employee can be terminated, and by whom.

If OP refused to answer the questions and was terminated, s/he should contact an attorney.

If OP answered the questions and implicated him/herself in a crime, he/she should contact an attorney.

 

[CdwJava]

The OP should speak with his union legal counsel ASAP.

As a note, law enforcement officers CAN be terminated for the same thing. In CA (and in many other states) an officer can be ordered to answer such incriminating questions or face discipline up to and including termination.

 

[BOR]

What is the name of your state (only U.S. law)? Ohio

I am an employee with the IRS. As part of my duties, I audit individual/corporate returns. Last Friday I had to speak with two agents from TIGTA (treasury inspector general tax administratiaon). I was advised before the 'interview' that if I took the fifth amendment, my employment would be terminated. I do not understand, how as an United States citizen, I am not allowed to take the fifth amendment in my own defense. I feel like my rights as a citizen were violated.What is the name of your state (only U.S. law)?

I have this case in my notes concerning the same thing with some police. It may or may not broaden your perspective on this issue. IMO, and I am not a lawyer, if you plead the 5th and were terminated, it may be a Constitutional violation??

When you click on the case, on the left side it cites other SC rulings citing this one, plus Circuit cases, maybe some will help also?

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=385&invol=493