4860 A public employee being questioned by his/her employer may not be required, under threat of termination, to waive the constitutional protection against criminal use of those answers; but since the law already prevents such use of coerced statements, no offer of formal immunity need be made; thus the employee may be terminated for failure to answer questions.CitationSPIELBAUER v COUNTY OF SANTA CLARA (Self-Incrimination) 45 C4 704 [See: Garrity v New Jersey 385 US 493; Blackburn v Superior Court 21 CA4 414, T/AT 3/94; Spielbauer v County (RevGrtd) 146 CA4 914, T/AT 3/07]
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