The Garrity Rule is usually associated with police officers. The protection applies to all public workers. The Fifth Amendment to the U.S. Constitution says that people are protected from being forced to incriminate themselves - you can't be made to give evidence that you are guilty of a crime.

The Garrity Rule does not give protection from being prosecuted with a crime: only that the information you gave and your statements will not be used against you. You can still be forced to answer (or disciplined for refusing to answer) questions about most misconduct at work - this protection is only for questions about criminal behavior.

If you are in a situation where you need to use your right not to incriminate yourself about criminal activity, you need to get a lawyer.

How Garrity Protection Works:
  • Your answers can be used to discipline you, in a civil (not criminal) suit against you, and to charge other people with a crime.
  • You have to say that you want Garrity protection.
  • You should get your Garrity protection in writing before answering questions.
  • You should ask for a representative (if you have a union) or witness to be present .
  • Your boss can still ask very specific questions about your duties and ability to do your job.
  • After your boss agrees not to use your answers for a criminal prosecution (or to give the information to the police), you can be threatened with discipline or firing for refusing to answer.