Attorneys

California Labor and Employment FAQs

• Q: How Does The Pobar Act Treat The Officer's Right To An Administrative Appeal?
  A: POBAR provides that an officer must be given an opportunity for an administrative appeal whenever there is a punitive action against that officer or denial of … More
• Q: How Does The Pobar Act Treat The Right Of Privacy Of Personal Property?
  A: Under POBAR, an officer has the right to maintain the privacy of his or her property, income, assets, source of income, debts and personal or domestic expenditures … More
• Q: Under The Pobar Act Can The Officer's Representative Be Forced To Disclose Everything?
  A: The representative shall not be required to disclose, nor subject to punitive action for not disclosing, any matters for non­criminal matters. Attorney­client … More
• Q: Under The Pobar Act How Long Can An Employer Take To Conduct An Investigation?
  A: Under POBAR, no punitive action, or denial of promotion on grounds other than merit, can be taken against a peace officer if a person authorized to initiate an … More
• Q: Under The Pobar Act Are There Rules For The Scheduling Of An Interrogation?
  A: According to POBAR, an interrogation is to take at a reasonable hour, unless the seriousness of the investigation requires otherwise. This should be done preferably at … More
• Q: Under The Pobar Act Are There Rules Regarding The Nature Of The Interrogation?
  A: POBAR requires that the officer be informed of the name, rank and command of the interrogator and the identities of everyone present during the interrogation. Prior to … More
• Q: Under The Pobar Act Are There Rules Regarding The Recording Of An Interrogation?
  A: Under POBAR, the complete interrogation may be recorded. The officer has the right to bring his or own tape recorder and record the interrogation. If the employer … More
• Q: Under The Pobar Act Can A Statement At The Interrogation Be Admissible In Civil Proceedings?
  A: Generally, no statement made by the officer under duress, coercion, or threat of punitive action can be admissible in any subsequent civil proceeding considering the … More
• Q: Under The Pobar Act Can An Investigation Be Re-Opened After It Was Closed?
  A: Notwithstanding the one­year time period, an investigation may be reopened against an officer if significant new evidence has been discovered that is likely to … More
• Q: Under The Pobar Act Can An Officer Be Re-Assigned During An Investigation?
  A: An officer can be temporarily reassigned as long as other officers normally would be treated the same and given such an assignment under similar circumstances. Thus, … More
• Q: Under The Pobar Act Can The Officer's Representative Participate?
  A: Case law clearly establishes that the representative may actively participate in the interrogation and is not merely a passive observer. The representative is to … More

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