When public employers conduct workplace investigations—especially those involving law enforcement or public safety personnel—the process becomes complex when potential criminal conduct overlaps with administrative misconduct. In these instances, investigators must protect both the agency’s right to accountability and the employee’s constitutional rights. The tool used to maintain this balance is the Lybarger admonition.

What Is A Lybarger, Anyway?

The Lybarger admonition originates from the California Supreme Court’s decision in Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822. The case established that while a public employee may be compelled to answer questions in an administrative investigation, any statements made…

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