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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33101
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a DOD civilian, I have an NCO that works and he is not

Customer Question

I am a DOD civilian, I have an NCO that works for me and he is not happy working in our office. He went today and told my civilian supervisor that he feels he is working in a hostile environment. My supervisor in turn immediately told the 1SG who in turn told the CDR and now there is a CDR's inquiry on me and my office. My supervisor a GS 13 never spoke with me abou this and I was blind sided by this. What do I do now?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

Can you tell me, is this a AR 15-6 investigation?

Customer: replied 1 year ago.
The Commander said it's just an informal Commanders Inquiry. What ever happened to talking about issues before you are under an investigation?
Customer: replied 1 year ago.
What has me most concerned is why my civilian supervisor went to the 1SG on me, she never pulled me aside and said Renita I am here to dispelled any issues in your office before they get bad.
Customer: replied 1 year ago.
I don't know civilian rules for supervisors.. I feel betrayed by her, thrown under the bus
Expert:  P. Simmons replied 1 year ago.

Thanks
You have a right to remain silent. If they want to interview you, you have an absolute right to refuse to answer questions.

Though, frankly, since you are not subject to the UCJM, it may not be the best idea to invoke that right.

If you were active duty, I would urge you to invoke that right (to protect yourself in a criminal prosecution...it is never good to give a statement if you are an accused in a criminal investigation)

But since you are not active duty, the worst that can happen is you loose your job. With lower stakes, may well be a godo idea to give your side to the story.

As for "rights", again, your rights are to refuse to give a statement. There are not any other rights that flow to you from this unless or until they attempt to take disciplinary action

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
you can't advise me about civilian rights?
Customer: replied 1 year ago.
That's what I am paying for right?
Expert:  P. Simmons replied 1 year ago.

Certainly I can...what questions do you have? Are you asking about the MSPB? IF not what is your question?

Customer: replied 1 year ago.
What are the rules? Was my supervisor correct in not informing me about this inquiry?
Expert:  P. Simmons replied 1 year ago.

No...there is no requirement that you be notified UNLESS they want to take action against you. They do not need to tell you that you are under investigation.

Customer: replied 1 year ago.
Why is this fair? Why is this right according to inquiry rules?
Expert:  P. Simmons replied 1 year ago.

Why is it fair that the employee is not provided notice that an investigation is pending?

Customer: replied 1 year ago.
after my soldier spoke with her, why did she not speak with me?
Customer: replied 1 year ago.
I feel like every one kn ows about some unspoken rules about inquiries and I dont
Expert:  P. Simmons replied 1 year ago.

Thank you
There is no law or rule (no federal law, no military rule) requiring the employer notify the employee of a pending investigation. Period. Such a rule would be counterproductive, since some investigations need to be conducted without notifying the employee.

Was it fair in your case? Perhaps not...but certainly legal.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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