Kalkines warning

The Kalkines warning is an advisement of rights usually administered by United States federal government agents to federal employees and contractors in internal investigations. The Kalkines warning compels subjects to make statements or face disciplinary action up to, and including, dismissal, but also provides suspects with criminal immunity for their statements. It was promulgated by the U.S. Court of Federal Claims in Kalkines v. United States.

In Kalkines, the plaintiff lost his job with the Bureau of Customs of the U.S. Department of the Treasury because he refused to answer questions during four interviews about a bribery accusation. The criminal investigation proceeded simultaneously with the initial three interviews while the U.S. Attorney chose not to move forward with prosecution before the fourth interview took place. The court held that an employee "can be removed for not replying if he is adequately informed both that he is subject to discharge for not answering and that his replies (and their fruits) cannot be employed against him in a criminal case." The court decided to reverse the plaintiff’s dismissal from federal service and ordered payment of back wages because he hadn’t received certain information.

The Kalkines warning helps to ensure an employee's Constitutional rights, while also helping federal agents effectively conduct internal and administrative investigations.