I.U.P.A. also provides additional legal services to local unions in the Full Service Program.
I.U.P.A. Legal Defense Fund (LDF)
Criminal
- Full representation by an experienced criminal attorney from the outset of the investigation through the conclusion of trial.
- This benefit is available no matter what agency does the investigation:
- Local
- State
- Federal
- FBI
Civil
- When your employer defends, but does not agree to wholly indemnify you, the Legal Defense Fund will provide an experienced attorney to monitor your case. This means that the attorney is available to answer your questions about the case, review the pleadings and discovery, watch for conflicts between you and your employer, and monitor for inadequate representation.
- You will be provided with independent counsel by the Legal Defense Fund if there is:
- A legal conflict of interest between you and your employer;
- Inadequate representation by your employer;
- A considerable likelihood that punitive damages could be awarded against you; or,
- If your employer refuses to represent you for an act or omission within the scope of your employment.
Costs to You
-
- There are no co-pays, no caps, and no deductibles for covered services.
Legal Information
GARRITY RIGHTS
GARRITY RIGHTS
The basic premise of the Garrity protection is straightforward: First, an Officer cannot be compelled, by the threat of serious discipline, to make statements that may be used in a subsequent criminal proceeding; Second, an Officer cannot be terminated for refusing to waive his Fifth Amendment right to remain silent. The practical application of Garrity, however, has been complicated and uncertain.
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PERSONAL USE OF CELL PHONES
PERSONAL USE OF CELL PHONES
Be careful in your use of your personal cell phone while on duty. When it comes to use of your personal cell phone, “personal” may not mean “private.” Be cautious with your communications while on-duty. This applies to texts and emails as well. In today’s climate, innocent messages can be spun to work against you. Your best option may be to keep your private cell phone communications to a minimum while on duty.
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SUPREME COURT CHANGES LAW ON VEHICLE SEARCHES
SUPREME COURT CHANGES LAW ON VEHICLE SEARCHES
Recently the Supreme Court threw out decades of case law involving searches incident to a vehicle stop and arrest. In Gant v. Arizona, the officers had stopped and arrested a suspect for driving with a suspended license. As a result of the arrest, they searched the car and found drugs. This common occurrence caused the Supreme Court to revisit the law surrounding vehicle searches, and to formulate a new rule regarding these searches.
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MEDICAL DIAGNOSIS REQUIREMENTS IN DOCTOR'S NOTES
MEDICAL DIAGNOSIS REQUIREMENTS IN DOCTOR'S NOTES
Often employers require doctor’s notes if employees are required to use sick leave for extended periods of time. However, a recent trend has arisen where employers are requiring employees to disclose their specific illness or a “medical diagnosis” along with a doctor’s note before they are allowed to return to work. This requirement, however, may run afoul with the American’s with Disabilities Act (ADA).
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