Final answer:
An employee may have the right to Union representation during a non-criminal workplace interview under the Weingarten Rights of the National Labor Relations Act. The presence of an attorney, however, may not be guaranteed unless stipulated by employment agreements or laws. Employees should seek specific legal advice for their individual situation.
Step-by-step explanation:
The question deals with whether an employee can have Union representation or an attorney present during a non-criminal interview when the subject pertains to another employee. According to various legal precedents, employees have specific rights during investigative interviews. The right to an attorney during police interrogations is famously outlined in Miranda v. Arizona. While this specifies police interrogations, workplaces have their own regulations and laws, including possible union rules and collective bargaining agreements that may allow union representation during certain interviews.
Union representation rights in such circumstances can be derived from the National Labor Relations Act, specifically under the Weingarten Rights. However, representation by an attorney in a non-criminal investigation at the workplace may not be guaranteed unless outlined in an employment contract, collective bargaining agreement, or by other applicable laws. It is essential to consult an employment lawyer or advisor for specific legal advice relating to your situation.
This is a complex area of law and interacts with doctrines such as the Fifth Amendment, which protects against self-incrimination, and the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. While these amendments specifically apply to criminal law, they reflect the broader principles of legal rights that might influence company policy or union agreements in an employment context.