Which right allows employees to have a coworker present during an investigation?

The correct choice is the concept known as Weingarten rights, which originate from a landmark Supreme Court case, NLRB v. Weingarten, Inc. These rights enable employees to request the presence of a coworker during investigatory interviews that may lead to disciplinary action. The rationale behind Weingarten rights is to ensure that employees have support during potentially stressful and significant conversations regarding their employment. This allows for a fairer process, as the coworker can help the employee understand the situation and respond appropriately.

Weingarten rights specifically apply in the context of unionized workplaces where collective bargaining agreements are in place. The right to have representation during an investigatory interview is a fundamental aspect of ensuring due process, as it allows for a form of checks and balances in employment practices. This ultimately contributes to a workplace environment that promotes fairness and transparency.

Other terms like fair treatment rights, due process rights, and negotiation rights, while relevant in employment law, do not specifically address the allowance of a coworker’s presence during an investigation. Fair treatment rights might refer to general principles of equity in the workplace, due process rights pertain to legal rights to a fair procedure before any adverse action, and negotiation rights are more closely related to the ability to engage