When employees take the fifth

For nearly 30 years, the rule regarding the requirement that federal employees must cooperate in job-related

There is, however, a significant exception to the rule. If the matter is potentially criminal, the employee has the right to remain silent under the self-incrimination clause of the Fifth Amendment, which holds that"[N]o person ... shall be compelled in any criminal case to be a witness against himself." Many inquiries or investigations are inherently noncriminal and thus do not involve the Fifth Amendment: misuse of a telephone, computer or government vehicle; sick leave abuse; insubordination or disrespectful conduct; discrimination; and sexual harassment.