Weingarten rights

"Weingarten rights," an employee has the legal right to have a union representative--but not a  lawyer--present during a meeting with management if all of the following conditions are met: 

1. The meeting is an investigatory interview. This means that 

you are expected to answer questions in connection with an inquiry 

into possible wrongdoing or unacceptable behavior. Weingarten rights 

do not cover meetings where the communication is one-way; that is, 

when the purpose is merely to convey information to you or to notify 

you of a decision already made regarding discipline. 

2. Disciplinary action may result from the meeting. The law requires 

only that disciplinary action--of any severity--is one possible result 

of the meeting. 

3. You "reasonably believe" that disciplinary action may result. If there 

is a legal dispute over whether your concern about possible disciplinary 

action is "reasonable," the determination will be made based on all the 

circumstances surrounding the meeting: Has your supervisor previously raised the possibility of discipline? Have other employees already been disciplined for what you're accused of? Are you already working under the threat of a performance warning letter? 

4. You make a request for representation. This is another way Weingarten  rights differ from Miranda rights: your employer generally is under no obligation to inform you of your right to be represented. It's up to you to know your rights, and to assert them.