Upjohn Warning Script

Summary

This Upjohn Warning Script provides an Upjohn warning to give to each witness before conducting an interview in an internal investigation. Under the Supreme Court's decision in Upjohn v. United States, 449 U.S. 383 (1981), attorneys must clarify the attorney-client privilege to corporate officer and employee investigation witnesses before interviewing them. This template contains practical guidance, drafting notes, and optional clauses. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. For more information on Upjohn warnings, see Interviewing Employees in Workplace Investigations and Attorney-Client Privilege and Work Product Protection in Workplace Investigations. For a full listing of key content covering workplace investigations, see Workplace Investigation Resource Kit. For a full listing of key content covering EEOC and state administrative charges of employment discrimination, see Employment Discrimination Charge Resource Kit.