Termination Based on Refusal to Self-incriminate Not Retaliatory

Apr 27, 2015

Pleading the Fifth—which is the constitutional privilege against self-incrimination—is as American as apple pie. Not only does the Fifth Amendment allow individuals to sit quietly during police interrogations (and during other criminal inquiries), but it has also gotten many a friend out of sticky social situations—“I plead the Fifth as to whom I like better.” But even the Fifth Amendment has its limitations on what it protects, especially in the workplace. Read on to see where one federal court drew the line.

The complete article originally appeared on HR.BLR.com.

This article was written by Kelly Smith Haley who is a partner at Fox, Swibel, Levin & Carroll, LLP, and an editor of the Illinois Employment Law Letter. She can be reached at ksmithhaley@fslc.com.