It should be noted that both Garrity and Lybarger rights are designed to protect employees from incriminating themselves when being questioned by their employers, which, in the case of public workers, is the government itself.
Firstly, it is stated that “Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers” (“Garrity basics,” n.d., para. 1). The given concept is not only applicable to the federal government but also to state, municipal, and country governments as well. Secondly, it is stated that “a Lybarger warning general consists of an order requiring the officer to answer questions, the threat of discipline for non-compliance, and the promise that the use of the statement will not be used against the officer in any criminal proceeding” (“Rains, Lucia & Wilkinson LLP,” n.d., p. 2). In other words, an employee is advised to cooperate due to the administrative nature of the investigation, but none of the statements can be used for incrimination. Therefore, Garrity rights protect employees, and Lybarger warning protects employees and helps the employer/government gather valuable information. The case of Spielbauer v. County of Santa Clara showcases that no formal immunity is necessary before questioning begins. Spielbauer was terminated because he refused to cooperate with an employer as well as malpractice at court. Spielbauer invoked his Garrity rights where he requested to be granted a formal immunity prior to answering the questions by a manager. However, he claimed that an employer could not grant such a formal immunity, which is Lybarger warning was ineffective. However, the court ruled that such immunity does not need to be granted formally because it exists as a part of the Fifth Amendment.
In conclusion, Garrity rights protect public workers from incriminating themselves, but Lybarger warning ensures that investigation can take place, where an employee is granted immunity.
References
Garrity basics. (n.d.). Web.
Rains, Lucia & Wilkinson LLP . (n.d.). Web.