Do job performance reviews or evaluation conferences give rise to Weingarten rights?
Possibly. We would argue that these rights apply where the employee’s performance has been under scrutiny and the employee reasonably believes that his/her job is in jeopardy. However, the right is unlikely to apply to classroom observations. How about “counseling” sessions with supervisors regarding absenteeism or drug or alcohol problems? Again, possibly, especially where the employer is seeking information from the employee or has given the employee a reasonable basis for believing that discipline or termination might result from the problems under discussion. What constitutes a “reasonable expectation” that discipline may result? The test is objective, not subjective. The employee’s belief must be a reasonable assessment of the objective circumstances. For example, has the employer provided any oral or written warnings? Have there been oral or written allegations of misconduct? Has the employee been under scrutiny previously? Have other employees been disciplined for conduct simila
