Human resources teams who learned of staff who participated in the riot would have had little choice but to start their own investigation and to bring in the company lawyer, writes Rodd Wagner, a Forbes contributor and executive advisor at SafeStart. While some states have laws that protect employees who engage in political action, most do not.
“Things will move faster at work than in the U.S. attorneys’ offices,” Wagner wrote two days after the insurrection. “Employees don’t have a right against self-incrimination when interrogated by their managers. The evidentiary bar is far lower, if it exists at all.”
Human resources managers also can factor in hearsay as part of their investigations, Wagner adds.
“They don’t need subpoenas,” he notes. “TV reporters do not give Miranda warnings before interviewing people who spout potentially job-ending self-incrimination in Reagan National Airport. Most important, one does not need to have committed a crime to get fired.”