An email asks you to meet with an investigator next Tuesday. It might come from your agency’s Office of Inspector General, an internal affairs unit, or a manager assigned to look into a complaint. Most federal employees walk in planning to explain themselves and get it over with. That instinct can backfire, because the interview transcript often becomes the main evidence in any later discipline. As a Maryland federal employment attorney, we have seen removal cases decided almost entirely by what an employee said in a single interview. Knowing which warning you have been given, and whether you can bring someone with you, matters before you answer the first question.
What is an investigative interview in federal employment?
An investigative interview is a formal questioning session in which the agency gathers facts about possible misconduct. You may be the subject of the investigation or a witness, and you should ask which one at the start.
In Maryland, these interviews are often run by an agency Office of Inspector General, such as the OIG offices serving SSA in Woodlawn or the VA medical centers in Baltimore and Perry Point, or by an administrative investigator the agency hires. Some interviews are recorded or transcribed. Others end with a signed sworn statement. Either way, the record is written to support a decision about discipline, and sometimes a referral to prosecutors.
What does a Garrity warning mean?
A Garrity warning tells you the interview is voluntary. You may decline to answer without being disciplined for refusing, but anything you do say can be used against you in both a criminal case and an administrative one.
The name comes from the Supreme Court’s 1967 decision in Garrity v. New Jersey, which held that statements coerced by threat of job loss cannot be used in a criminal prosecution. Federal investigators now use Garrity-style warnings when criminal charges are still possible. That is the signal to take seriously. If you receive one, the investigator has not ruled out a criminal referral, and speaking without advice carries real risk.
What does a Kalkines warning mean?
A Kalkines warning tells you that you must answer, and that refusing can lead to discipline up to removal. In exchange, your answers and anything derived from them cannot be used against you in a criminal prosecution.
The warning comes from Kalkines v. United States, a 1973 decision of the U.S. Court of Claims. Agencies usually give it after prosecutors have declined to pursue the matter, so the focus has shifted to administrative discipline. The protection has one major exception: it does not cover false statements. Staying silent after a Kalkines warning can itself support a removal for failure to cooperate.
What if the investigator does not say which warning applies?
Ask before the questioning begins, and ask for the warning in writing. Investigators sometimes start with general conversation, and employees have no clear sense of their status until well into the interview.
A few direct questions at the outset can clarify things:
- Am I the subject of this investigation or a witness?
- Is this interview voluntary or compelled?
- Has this matter been referred to, or declined by, a prosecutor?
- Will I be asked to sign a sworn statement, and can I review it before signing?
If the answers are unclear, you can politely ask to pause the interview so you can get advice.
Do I have the right to be a union representative in the interview?
If you are in a recognized bargaining unit, yes, but only if you ask. Under 5 U.S.C. § 7114(a)(2)(B), known as the federal Weingarten right, you are entitled to union representation in an examination connected to an investigation when you reasonably believe it could lead to discipline and you request a representative.
The agency does not have to offer one. It must remind employees of the right once a year, and many employees forget it until the interview is underway. Executive orders issued in 2025 ended collective bargaining at many agencies, and litigation over those orders has continued, so confirm with your local whether your unit is still recognized before you rely on this right.
What happens if I shade the truth or leave something out?
It can turn a minor case into a removal. Agencies frequently add a lack of candor charge when an employee gives incomplete or misleading answers, and the MSPB treats candor as a serious matter for any federal employee.
Lack of candor does not require an outright lie. Answering narrowly in a way meant to create a false impression can be enough. A knowingly false statement can also expose you to prosecution under 18 U.S.C. § 1001. A short, accurate answer, or a request to pause, is safer than a confident guess.
Can I bring a Maryland federal employment attorney to the interview?
There is no general right to have a private attorney sitting beside you in an administrative interview, and agencies differ on whether they will allow it. You can always consult a lawyer beforehand, and in a voluntary interview with criminal exposure, you can decline to proceed without counsel.
The most useful time to call is the day the interview notice arrives. A lawyer can help you identify the likely allegations, review relevant documents, and prepare accurate answers without rehearsing a script. Afterward, counsel can help you correct an inaccurate sworn statement before it becomes the basis for a proposed action.
Preparing before the first question
A Garrity warning means the interview is voluntary and criminal exposure may still exist. A Kalkines warning means you have to answer, with protection from criminal use of your words but not from discipline. A Weingarten request can put a union representative in the room if your unit is still recognized. Getting these points straight before the interview can shape everything that follows. The Mundaca Law Firm represents federal employees throughout Maryland from our Annapolis office. If you have received an interview notice, speak with a Maryland federal employment attorney and schedule a confidential consultation before the meeting date.