# There's a crime at your workplace; can your employer compel you to talk to the police? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 13, 2026, 5:53pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040 "2026-05-13T17:53:48Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [May 13, 2026, 5:53pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/1 "2026-05-13T17:53:48Z")
Hypothetical: a crime goes down at your workplace, and you’re a witness. For example, cow-orkers estranged boyfriend barges in, roughs her up, throws shit around, and then runs for it before Security can get to him. The cops show up and want statements. I strongly believe that the only words anyone should ever say to a cop are “I’m not answering any questions without an attorney present, am I being detained?” In a situation like this, could my employer compel me to speak to the cops, and effectively compel me to waive my 5th Amendment rights? ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 13, 2026, 5:55pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/2 "2026-05-13T17:55:30Z")
I am not a lawyer, but I was under the impression that 5th Amendment rights only really apply if you are the defendant/suspect, not a witness. That’s why courts can subpoena you and make witnesses speak. But as far as employer is concerned, in an at-will state, I imagine an employer can fire for not talking, yes. It is not firing you for being in a protected class. ---
**Author:** ![Just\_Asking\_Questions](https://avatars.discourse-cdn.com/v4/letter/j/ba9def/32.png) [@Just\_Asking\_Questions](https://boards.straightdope.com/u/Just_Asking_Questions)\ **Post date:** [May 13, 2026, 5:56pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/3 "2026-05-13T17:56:26Z")
I live in a “right to work” state. They can fire me for any reason, or no reason. Given that, if they decide, under threat of dismissal, that I must cooperate, my cooperation will consist of “I didn’t see anything.” ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [May 13, 2026, 5:56pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/4 "2026-05-13T17:56:40Z")
> [@Velocity](#): > > I was under the impression that 5th Amendment rights only really apply if you are the defendant/suspect No, they apply to everyone. Unless you’re the suspect, they can’t make you talk (though they may try to lie and intimidate you to get you to talk). And if you’re the suspect, they still can’t make you talk. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 13, 2026, 5:58pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/5 "2026-05-13T17:58:12Z")
But 5th Amendment says no person shall be compelled to be a witness _against himself._ In your hypothetical crime scenario, you are not testifying against _yourself_ since you weren’t the ex-boyfriend who is assaulting a woman. You’d be testifying against the ex-boyfriend. But anyway, back to the employer scenario, I’m assuming in an at-will employment state, the boss is justified in firing you. I don’t know how it would work in a not-at-will state. ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [May 13, 2026, 5:59pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/6 "2026-05-13T17:59:17Z")
Yes but you could talk yourself into being a suspect. Or you could just, you know, not feel like talking. The Right to Remain Silent applies to everyone in _almost_ all circumstances. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [May 13, 2026, 5:59pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/7 "2026-05-13T17:59:30Z")
> [@HeyHomie](#): > > could my employer compel me to speak to the cops, and effectively compel me to waive my 5th Amendment rights? Compel you, as in fire you if you didn’t ? I am pretty sure yes. Though IANAL and would depend on jurisdiction of course. I am confident in any “at will” state at least sacking you for not cooperating with the police in a crime on company property would be fine. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [May 13, 2026, 6:01pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/8 "2026-05-13T18:01:49Z")
> [@Velocity](#): > > But 5th Amendment says no person shall be compelled to be a witness _against himself_ Yeah, you have the right to remain silent when questioned by the police, that’s not because of the 5th amendment I think? You don’t have the right not to give evidence to a court when called to do so by a judge (as long it’s not yourself you are giving evidence against). IANAL as always. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [May 13, 2026, 6:12pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/9 "2026-05-13T18:12:24Z")
> [@Velocity](#): > > But 5th Amendment says no person shall be compelled to be a witness _against himself._ In your hypothetical crime scenario, you are not testifying against _yourself_ since you weren’t the ex-boyfriend who is assaulting a woman. You’d be testifying against the ex-boyfriend. But your testimony might incriminate _you_ for _something else_. “How could you see that thing that took place in that restricted area?” “I was in there stealing stuff…” ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [May 13, 2026, 6:17pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/10 "2026-05-13T18:17:00Z")
> [@HeyHomie](#): > > I strongly believe that the only words anyone should ever say to a cop are “I’m not answering any questions without an attorney present, am I being detained?” Speaking to this specific line, I’m reasonably certain if you went with this route, your employer would say “Okay, but it’s on YOUR time and YOUR dollar”. So are you going to pay for the lawyer and PTO for this situation? Otherwise… again, I expect you to be out the door. IIRC one of my prior employers (at-will state) said basically that they expect good faith compliance with investigations into issues that happen on employer property - both internal and external investigations. If your requirements don’t have a financial burden on them (again all out of YOUR pocket) they’d probably be willing to bend. But if you make no effort to comply… well, yeah, I expect you out the door soonest. ---
**Author:** ![Thumper668](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thumper668/32/20803_2.png) [@Thumper668](https://boards.straightdope.com/u/Thumper668)\ **Post date:** [May 13, 2026, 6:17pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/11 "2026-05-13T18:17:54Z")
With all the usual disclaimers, they can compel you to meet with the police, but you still have the right to remain silent. Saying “I didn’t see anything” might be problematic if another witness states that you were there. “I have nothing to say” should be fine. ETA: that also won’t protect you from being put under a subpoena by the court, but the police don’t have that power. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [May 13, 2026, 6:31pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/12 "2026-05-13T18:31:24Z")
But a subpoena doesn’t cause your fifth amendment rights to evaporate, even if you’re not the defendant or a person of interest. A subpoena means you have to show up and respond, and the response could be to invoke your fifth amendment rights. As someone mentioned, fifth amendment protection does have certain exceptions. Also, I believe judges are pretty skilled in piercing frivolous invocations. ---
**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\ **Post date:** [May 13, 2026, 6:33pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/13 "2026-05-13T18:33:48Z")
> [@HeyHomie](#): > > In a situation like this, could my employer compel me to speak to the cops, and effectively compel me to waive my 5th Amendment rights? If a company has a policy that dictates that all employees cooperate with law enforcement in the event of a problem in the work place, they can’t make you talk, but they can fire you for violating company policy. ---
**Author:** ![Thumper668](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thumper668/32/20803_2.png) [@Thumper668](https://boards.straightdope.com/u/Thumper668)\ **Post date:** [May 13, 2026, 6:42pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/14 "2026-05-13T18:42:47Z")
> [@Stratocaster](#): > > But a subpoena doesn’t cause your fifth amendment rights to evaporate My point wasn’t about the 5th Amendment, it was about the question in the OP. Telling the police “I have nothing to say” is implicitly invoking that right without implying there’s is something that might incriminate you. Your employer may be able to make you sit down with a cop, but they can’t force you to provide a statement. The court can compel you to appear and testify, but they can’t force you to incriminate yourself. The police can do neither, but they can and will lie to you and try to trick you into making a statement that may incriminate you and be used against you in court. That is why it’s wisest to just say “I have nothing to say.” ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [May 13, 2026, 6:42pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/15 "2026-05-13T18:42:49Z")
> [@HeyHomie](#): > > In a situation like this, could my employer compel me to speak to the cops, and effectively compel me to waive my 5th Amendment rights? No, they can’t. They can, though, choose to not employ you anymore. I mean, your right to not be a witness against yourself doesn’t morph into a right to keep your job. If you witnessed a crime being perpetrated against your coworker and decided the best course of action is to keep your mouth shut so that she effectively remains in danger from her violent ex boyfriend, management might think you’re not quite a team player. Your choice may have made your coworker less efficient by virtue of her fearing for her safety at work since her ex can show up at any time to kill her, and she believes that her coworkers will just let her fucking die at her desk. It’s the little things that make a workplace productive. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [May 13, 2026, 6:45pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/16 "2026-05-13T18:45:18Z")
Every office needs a Dwight Schrute. ---
**Author:** ![Pork\_Rind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pork_rind/32/111_2.png) [@Pork\_Rind](https://boards.straightdope.com/u/Pork_Rind)\ **Post date:** [May 13, 2026, 6:52pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/17 "2026-05-13T18:52:50Z")
> [@Just\_Asking\_Questions](#): > > I live in a “right to work” state. They can fire me for any reason, or no reason. Technically speaking (the best kind of speaking!) you live in an _at-will_ state. And every state but Montana is an at-will state, meaning that an employee not working under a contract that specifies termination standards can be fired at any time for any legal reason. And employees likewise can quit at any time. In _right-to-work_ states, you cannot be forced to join a union or pay dues. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [May 13, 2026, 6:54pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/18 "2026-05-13T18:54:15Z")
> [@Thumper668](#): > > My point wasn’t about the 5th Amendment, it was about the question in the OP. Telling the police “I have nothing to say” is implicitly invoking that right without implying there’s is something that might incriminate you. Is that true? Is the right not to talk to the cops because of the 5th amendment? It seems to me not because the 5th amendment just protects you about testifying against yourself, a judge can still compel you to testify against someone else. Whereas you have the right to remain silent to the cops even if you are not a suspect. > [@Thumper668](#): > > Your employer may be able to make you sit down with a cop, but they can’t force you to provide a statement They can fire for not giving a statement, or for giving one they think is false (even if they have no evidence it was false) ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [May 13, 2026, 6:58pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/19 "2026-05-13T18:58:54Z")
> [@HeyHomie](#): > > Unless you’re the suspect, they can’t make you talk (though they may try to lie and intimidate you to get you to talk). You can be subpoenaed to give testimony. You can’t be compelled to give any particular answer (“I don’t recall” can’t usually be shown to be a lie), but you can be compelled to show up and respond to questions. > [@griffin1977](#): > > You don’t have the right not to give evidence to a court when called to do so by a judge (as long it’s not yourself you are giving evidence against). I agree. And you can be compelled to give evidence to a court when called to do so by the attorneys representing the parties to the case, too. But, to answer the OP’s question > [@Just\_Asking\_Questions](#): > > I live in a “right to work” state. They can fire me for any reason, or no reason. This is true for nearly all of us (unless you might have an employment contract, or maybe are in a union). So, yeah, your company can fire you for your decision regarding police cooperation. ---
**Author:** ![Thumper668](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thumper668/32/20803_2.png) [@Thumper668](https://boards.straightdope.com/u/Thumper668)\ **Post date:** [May 13, 2026, 7:00pm UTC](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040/20 "2026-05-13T19:00:59Z")
> [@griffin1977](#): > > Is the right not to talk to the cops because of the 5th amendment? The right to remain silent when talking to the cops comes from _Miranda v. Arizona, 1966_, which was a SCOTUS decision based on the 5th Amendment. So that right derives from the 5th Amendment but is not stated in the 5th Amendment. [Next page](https://boards.straightdope.com/t/theres-a-crime-at-your-workplace-can-your-employer-compel-you-to-talk-to-the-police/1030040.md?page=2)