After the Yates Memo, which requires that a company under investigation disclose all information about individual wrongdoing to receive cooperation credit, individuals may be more likely to push back when asked to participate in internal investigations. What recourse do employers have if employees refuse to cooperate? A recent Second Circuit ruling “establishes a corporation’s right to ‘assume the worst’ and fire an employee who declines to sit for an interview, if and when the corporation has a reasonable basis to suspect the employee engaged in criminal conduct,” Juan Morillo, a partner at Quinn Emanuel, told the Anti-Corruption Report. We analyze the decision, Gilman v. Marsh & McLennan Co., Inc., and the questions it raises. See also “Internal Investigations and Criminal Discovery After the Yates Memo” (Apr. 6, 2016).