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Tue 13 Mar, 2012 06:36 pm
I understand that if a person is being questioned by the police, he/she has the right to remain silent and to call for a lawyer.
What if that person is employed and is asked the same question(s) by his employer? If he refuses to answer is he subject to employment termination for insubordination?
@gollum,
That's no such protection covered under the fifth amendment.
Quote:The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Since private corporations aren't part of the judicial system they take no part in the due process of the law in determining the innocence or guilt of an individual.
@tsarstepan,
Thank you.
Thus a person's Miranda rights are severely weakened if he must tell his employer that which he won't tell the police or D.A. or else lose his employment and thereby the ability to support himself.
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