Do I have to answer my employer’s questions beings if it would incriminate my husband regarding his misconduct?

UPDATED: Aug 13, 2012

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Do I have to answer my employer’s questions beings if it would incriminate my husband regarding his misconduct?

My husband and I both work for the same company. He is currently under investigation for having an inapropriate relashionship with an employee. My companies security team wants to interview me.

Asked on August 13, 2012 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have the legal right to not answer, unless and until you are subpoened (such as in a legal action, if any is brought) and you have to testify under oath (and even then, you may be able to avoid testifying under the spousal immunity privilege).

However, while the employer can't "make" you answer questions, they *can* fire you if you refuse to, unless you have an employment contract. That's because without a contract, you are an employee at will, and an employee at will may be fired at any time, for any reason--including a refusal to answer questions about another employee, whether a spouse or not.

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