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Birmingham Bar Association Bulletin - Winter 2013

1. The Government Can Ask Anywhere, Anytime: The government has a right to contact them at work or at home, day or night, to ask them questions about the company. 2. They Should Know To Whom They Are Speaking: Employees should request appropriate identification from the agent before deciding whether to speak with him. Regardless of whether they talk to the agent, they should obtain a business card or other record of who is requesting to speak with them. 3. They Don’t Have To Agree to Be Interviewed: Employees may speak to the agent if they wish, but they also have the right to refuse an interview, to request to speak to the agent at a more convenient time and place, or to request to speak to the agent only when an attorney can be present. 4. The Agent Has No Right to Threaten Them: If employees do not wish to be interviewed or if they make any request regarding the nature or timing of the interview, the agent may not resort to threats or intimidation, whether express or implied, in order to obtain an immediate interview. 5. They Should Consult with Counsel: The company recommends that employees consult with counsel prior to an interview, although whether to do so is in each employee’s sole discretion. 6. They May Not Have to Locate and Pay for Counsel: If employees want to speak with counsel before deciding to engage in an interview or have counsel present during an interview, the company may be willing to obtain counsel for them at its own expense or to otherwise make counsel available. 7. They Must Be Truthful: If employees decide to be interviewed, they must tell the truth and should not guess or speculate. “I don’t know” is okay if truthful. Government Investigations 8. They Must Be Sensitive to Confidential Information: If employees decide to be interviewed, they must be sensitive to their obligations with respect to proprietary or confidential information, including trade secrets. They should not assume that agents have the authority to discuss this protected information. 9. They Do Not Have to Provide Documents: Unless the agent presents a search warrant, he does not have the authority to take any document or item at the time of the interview. 10. They Should Contact the Company: Employees should contact a designated person at the company immediately if they are contacted by an agent. If employees have been educated about government interview requests, they will be less intimidated and more prepared to preserve and protect their rights and privileges as well as those of the company. G Years of Experience... A Wealth of Trust! For over 90 years, Levy’s has assisted attorneys, bankers and individuals in the appraisal, liquidation and purchasing of estate jewelry. Turn to the jeweler you can trust. Call Todd Denaburg or Jared Nadler 205.251.3381 2116 2nd Avenue North • Downtown Birmingham levysfinejewelry.com Attorneys • Bank Trust • Accountants • Families Professional...Experienced...Confidential Birmingham Bar Bulletin/ Winter 2013 39


Birmingham Bar Association Bulletin - Winter 2013
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