Kalkines v. United States

Kalkines v. United States is a 1973 decision by the United States Court of Claims in which the Court held that a federal employee must be duly advised of his options and the consequences of his choice to remain silent for his potential discharge from employment to be valid.

The decision led to the creation of the Kalkines warning.

Background
George Kalkines worked for the United States Treasury Department's Bureau of Customs from November 1960 until his suspension in June 1968, when he came under investigation for taking improper payments (bribes) from importers' representatives.

At the same time that the internal investigation was taking place, a criminal investigation was being conducted by the United States Attorney's Office. Although ultimately Kalkines was not indicted, the criminal investigation was known to him and was ongoing while he was facing the internal investigation.

On four occasions, Kalkines refused to answer certain questions related to the payments, his finances, and aspects of the performance of his duties. On none of these occasions was he given any advice or warnings relating to his constitutional rights. For his refusal to answer, he was dismissed from his job. The agency affirmed his dismissal, as did the Civil Service Commission.