Employee Protection Amendment of 2024 [R]
To Promote transparency between an employer and employee and to further empower departments to maintain standards.
Chief Sponsor(s): Representative DeltaTrigger
Co-Sponsor(s):
Be it enacted by the Senate and the House of Representatives of the State of Firestone in Congress assembled,
§1. Title
(a) This amendment shall be known, and may be cited as, the “Employee Protection Amendment of 2024 [R]”
§2. Enactment
(a) This amendment shall go into effect as an Act of Congress upon completing the processes constitutionally required.
§3. Severability
(a) Should any part of this Amendment be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
§4. Enforcement
(a) This amendment shall be enforced by any relevant parties.
§5. Definitions
(a) The “Fairer Employment Act” is defined as Fairer Employment Act
§5. Amendments
Section 4, subsection b of the Fairer Employment Act currently states: “Administration must, at minimum, be able to prove it is more likely than not that the given employee being disciplined is the one who was involved in the specified incident(s) or violation(s) before issuing disciplinary action. Employees shall be informed of the accusations against them prior to official enactment of disciplinary measures.”
Section 4, subsection b of the Fairer Employment Act shall be amended to state: “Administration must, at minimum, be able to prove it is more likely than not that the given employee being disciplined is the one who was involved in the specified incident(s) or violation(s) before issuing disciplinary action. Employees shall be informed of the accusations against them prior to official enactment of disciplinary measures. When an employee is disciplined, they shall be served a notice by administration that includes the punitive/disciplinary action being issued, the specific policy violation(s) the employee is being disciplined for, and a statement detailing how the employee committed the violation(s).”
(e) Section 4, subsection g of the Fairer Employment Act shall be added and shall state:
“ When conducting an administrative questioning concerning a non-criminal administrative investigation of an employee, administration shall be required to read the employee subject to the questioning a Kalkines warning before any questioning takes place. Employees who refuse to comply in an administrative questioning after being read a Kalkines warning may be liable for punitive/disciplinary action if in accordance with their department’s standing policies."
A Kalkines Warning shall be read exactly as the following:
- You are being questioned as part of an internal and/or administrative investigation. You will be asked a number of specific questions concerning your official duties, and you must answer these questions to the best of your ability. Failure to answer completely and truthfully may result in disciplinary action, including dismissal. Your answers and any information derived from them may be used against you in administrative proceedings. However, neither your answers nor any information derived from them may be used against you in judicial proceedings."
(f) Section 4, subsection h of the Fairer Employment Act shall be added and shall state:
"Employees subject to an administrative questioning/investigation concerning a matter where they may be liable for criminal prosecution and/or arrest shall maintain immunity against punitive action/discipline as a result of refusing to answer questions or present evidence even if a Kalkines warning is used. Employees subject to administrative questioning concerning a matter where they may be liable for criminal prosecution, arrest, and/or civil litigation shall have the right to retain their own legal counsel and have that legal counsel present during questioning. "