Published Date: 2025-12-19

Protect Yourself During Investigations

December 19, 2025

CAPT urges all Psych Techs to take extra precautions during incident investigations at your workplace. Whether an investigation is already underway or anticipated, it’s crucial to protect yourself and your career by knowing your rights and following these guidelines:

Call a Union Rep Before Giving Any Statement
After any incident, management or State Hospital Police may seek an immediate statement. Before you say anything, call a CAPT representative. Under Article 2.1.B.5 of our MOU, no Unit 18 employee can be directed to make any statement or admission to be used in a disciplinary proceeding without first having the opportunity to review the matter with an Association representative, upon the request of the employee.

This right applies the moment questioning begins—not just during scheduled interviews. If anyone pressures you to “just explain what happened,” or suggests that refusing to speak is uncooperative, stop immediately and request CAPT representation. A brief, unprepared statement given under pressure can be misinterpreted and used against you in both administrative and criminal investigations.

CAPT will ensure your rights are honored and that you are not placed at risk by speaking without representation.

When Notified of an Interview
Contact CAPT Immediately. Reach out to your CAPT representative to secure the support and guidance you are entitled to by law. The employer must provide 24-hour written notice before an interview. The notice must include the specific subject matter of the interview. If the topic changes during the interview, you or your representative should stop the questioning immediately and request a new notice for the additional subject matter.

Criminal vs. Administrative Interviews
In an Administrative Interview, you are required to participate. However, you have the right to first receive a Lybarger Admonishment, which ensures that your statements cannot be used against you in a criminal proceeding. This safeguard is critical to protect your rights during the investigation.

In a Criminal Investigation, you have the right to remain silent, and you should consider consulting criminal legal counsel before deciding whether to answer any questions. If there is any refusal to provide the Lybarger Admonishment, assume the investigation is criminal and exercise your 5th Amendment right to remain silent.

Weingarten Rights Are Your Shield
You have the legal right to union representation whenever a discussion could potentially lead to discipline, termination, or changes to your working conditions. If investigators or management attempt to intimidate or pressure you into speaking without representation, invoke your rights:

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that a union representative be present at this meeting. Without representation, I choose not to answer any questions.”

Protect Your Job, License, & Future
Investigators may use tactics to mislead, pressure, or confuse employees into making harmful statements. Your best defense is preparation and CAPT representation. CAPT is here to ensure your rights are protected every step of the way.

Contact your chapter office immediately if you are contacted by investigators or receive notice of an investigatory interview.

December 19, 2025 | Download Flier