Former Employer Wants Me To Testify For Them

[Psychoblues]

A few years ago we, my former employer, experienced an accident where one of our guests was injured. The circumstances surrounding the accident and the injury were well known to my former employer and to me. I wrote the report on the accident. The former employer is now asking me to testify that the particulars that caused the accident were rare and not in any way their fault. I agree that the patron was quite ignorant in their decision to do what they did that precipitated the accident but this same thing happened repeatedly and over a long period of time.

I don't want to go to court or to testify on the behalf of either of them. If I do go to court I am already aware of misrepresentations on the part of both of them. Neither has offered to compensate me for my testimony and I simply don't believe I should be compelled to testify under any circumstances considering that I no longer work there, I was an hourly employee at the time I wrote the report and I left employment there under the cloud of another compensation issue.

At his time I am concerned that either of them could go after me in some legal or financial way and I don't believe I am being unnecessarily paranoid about this. I can see the point from both sides. What is the best way for me to protect myself in this case? I can't afford to hire an attorney of my own so how can I responsibly and intelligently respond to this dilemma?!?!?!?!?!??!?! Both are threatening to subpoena me.

Thanks in advance and God Bless The Steelers!!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

[trobinett]

Inform both of them that you will hire an attorney "pro-bono", and bring suit against them BOTH.

I'm not an attorney, but I thought that sounded pretty cool.:cheers2:

[Psychoblues]

I think the last time I took your advise I got banned from here, trobby!!!!!!!!!!




Inform both of them that you will hire an attorney "pro-bono", and bring suit against them BOTH.

I'm not an attorney, but I thought that sounded pretty cool.:cheers2:

WTF do you really know about "pro bono"?!?!?!??!?!?!?!?!?!? Cher was nice and I liked her sidekick at the time.

Good to hear from you, trobby. How's the hawg runnin'?!?!??!!!?!??!?!?!?!?!

Need some jamm to put on that bread?!?!?!??!??!?!?!?!??!?!?!?!?!?

:beer::cheers2::beer:

Psychoblues

[PostmodernProphet]

talk to the attorney about the case....tell him you aren't sure that what you know is something he wants the jury to hear.....answer his questions in a way that makes the client look bad without making it look like you are antagonistic to the employer.....I suspect he will conclude he can find a better way to present the evidence than to call you as a witness......oh, and if you meet him in person smell like alcohol and slur your words....in other words, be yourself.....

[emmett]

First of all Psycho, I would think it highly unlikely that the case will ever actually be argued in court. Only a tiny percentage of civil cases are. That said, unfortunately, you may be required to give stipulation testimony at one of the parties attorney's office if subpenoed.

My advice, which is worthless really, free though, would be to simply go tell it like it is! Since you were the employee that wrote the report, I would think litigation will include you if it travels to court. You really can't avoid it.

When you are questioned by the attorneys, take your time. Never respond to any question immediately, even if the answer seems simple. It is important. I have testified in court many times in a wide array of cases. Attorneys will try very hard to get you off pace, they will feed you easy questions mixed in to attempt to allow you to build false confidence and then slide in the toughies. Be on guard for this. You will always be fine if you tell the exact truth.

You were not the company owner, you have no liability financially if you are not a named party in the suit. Don't let it bother you! Even if you would have been, the company would have been responsible for your legal representation. If not, you could bring action against them. You were an hourly paid employee.

Now of course, I am not an attorney and you might be best to seek the advice of one but I don't think you have anything to worry about if you haven't done anything wrong. As for not wanting to testify, well...... you may have to at least give stipulation testimony. Sometimes, this evidence is used without you having to be present in court.

Good Luck!

[Psychoblues]

After speaking with the counsel of the plaintiff, emmie, I am convinced this case is court bound. Ordinarily I would totally agree with you as I have also been involved in many court cases in my most varied and eclectic past.



First of all Psycho, I would think it highly unlikely that the case will ever actually be argued in court. Only a tiny percentage of civil cases are. That said, unfortunately, you may be required to give stipulation testimony at one of the parties attorney's office if subpenoed.

My advice, which is worthless really, free though, would be to simply go tell it like it is! Since you were the employee that wrote the report, I would think litigation will include you if it travels to court. You really can't avoid it.

When you are questioned by the attorneys, take your time. Never respond to any question immediately, even if the answer seems simple. It is important. I have testified in court many times in a wide array of cases. Attorneys will try very hard to get you off pace, they will feed you easy questions mixed in to attempt to allow you to build false confidence and then slide in the toughies. Be on guard for this. You will always be fine if you tell the exact truth.

You were not the company owner, you have no liability financially if you are not a named party in the suit. Don't let it bother you! Even if you would have been, the company would have been responsible for your legal representation. If not, you could bring action against them. You were an hourly paid employee.

Now of course, I am not an attorney and you might be best to seek the advice of one but I don't think you have anything to worry about if you haven't done anything wrong. As for not wanting to testify, well...... you may have to at least give stipulation testimony. Sometimes, this evidence is used without you having to be present in court.

Good Luck!


The defendant, in this case, remains as my previous employer. There is not much that I might can truthfully testify that will be in their favor. They certainly fucked me over and it is clear they are attempting to fuck over the plaintiff as well, if you get my drift.

Thanks for the holler back, cowgirl!!!!!!!!!!!! I owe you bigtime, now!!!!!!!!!!!!

I'll catch you on the upbeat!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

[darin]

Tell them you'll be deposed but only on this forum. If they want your testimony, they'll have to register and battle you in the Cage. You have nearly 8K posts - they'd better recognize....

[Psychoblues]

Uhhhhhhhhhhh, dimples. I think you need to understand something.




Tell them you'll be deposed but only on this forum. If they want your testimony, they'll have to register and battle you in the Cage. You have nearly 8K posts - they'd better recognize....

This forum is generally entertainment for me wherein I occasionally find wisdom and foresight that is valuable to me on many levels. If it is your purpose to hijack this conversation or to obliquely slam me in any way I would suggest you absolve yourself from further moderating duties.

8k posts?!?!??!?!?!?!?! Wut's your point?!?!?!?!?!?!??!??!?!?!

Kat would appreciate you in her class I am certain!!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

[darin]

Uhhhhhhhhhhh, dimples. I think you need to understand something.





This forum is generally entertainment for me wherein I occasionally find wisdom and foresight that is valuable to me on many levels. If it is your purpose to hijack this conversation or to obliquely slam me in any way I would suggest you absolve yourself from further moderating duties.

8k posts?!?!??!?!?!?!?! Wut's your point?!?!?!?!?!?!??!??!?!?!

Kat would appreciate you in her class I am certain!!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues


it's know as a moment of levity. Put down the vodka and/or Old English.

[Psychoblues]

GS9?!?!?!?!?!?!?!?!???!


it's know as a moment of levity. Put down the vodka and/or Old English.

You wouldn't make a pimple on a good GS3's ass in my time in those grades!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

[darin]

Twelve. :)

[Psychoblues]

12?!?!??!??!?!?!?



Twelve. :)

You still wouldn't make a pimple on a good GS3's ass, dimples!!!!!!!!!!!!!!!!

Maybe our government will get the message and get rid of the idiots!?!???!?!?!?!?!?!??! Maybe not. Even idiots have a place in the private arena as well as the governmental one!!!!!!!!!!!!!!!!!

How 'bout a Singapore Sling?!?!?!?!?!??!?!?!?!!?!?!?!?!?!??!?!

:beer::cheers2::beer:

Psychoblues

[darin]

I am very please to know I would not make a good pimple.


Maybe DP.com should rid itself of the idiots!! Maybe not. Even idiots like you have a place on this board!


:beer::cheers2::beer:

[Mr. P]

A few years ago we, my former employer, experienced an accident where one of our guests was injured. The circumstances surrounding the accident and the injury were well known to my former employer and to me. I wrote the report on the accident. The former employer is now asking me to testify that the particulars that caused the accident were rare and not in any way their fault. I agree that the patron was quite ignorant in their decision to do what they did that precipitated the accident but this same thing happened repeatedly and over a long period of time.

I don't want to go to court or to testify on the behalf of either of them. If I do go to court I am already aware of misrepresentations on the part of both of them. Neither has offered to compensate me for my testimony and I simply don't believe I should be compelled to testify under any circumstances considering that I no longer work there, I was an hourly employee at the time I wrote the report and I left employment there under the cloud of another compensation issue.

At his time I am concerned that either of them could go after me in some legal or financial way and I don't believe I am being unnecessarily paranoid about this. I can see the point from both sides. What is the best way for me to protect myself in this case? I can't afford to hire an attorney of my own so how can I responsibly and intelligently respond to this dilemma?!?!?!?!?!??!?! Both are threatening to subpoena me.

Thanks in advance and God Bless The Steelers!!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

Not enough info...but

If it were me I'd let em subpoena me and testify to the facts in the report I wrote..Other than that my memory is not clear.

[Psychoblues]

I will testify if compelled to do so, Mr. P, but my memory in this case is quite clear.



Not enough info...but

If it were me I'd let em subpoena me and testify to the facts in the report I wrote..Other than that my memory is not clear.

I can be no friend to either in this case but my concern is that one or the other could later create charges against me for one reason or another. My question here is how can I protect myself without the expense of retaining a quid pro quo attorney that I cannot afford. Can you dig it?!????!?!?!?!???!?!?

How 'bout a cool one?!?!?!?!?!??!?!??!

:beer::cheers2::beer:

Psychoblues

[crin63]

From my limited experience. Hourly or not, if you were in a position of management or oversight, when or where the injury occurred you could be personally liable but there should be a statute of limitations and if it has gone beyond that without naming you, you should be okay.

[Psychoblues]

Thanks for the holler back, CR!!!!!!!! I was not management at that time even though shortly after I was promoted into a temporary mangement position for which I coninued on an hourly basis. I was, however, the 1st responder, investigator, giver of 1st aid, coordinated medical attention, expected to represent the best interests of the company and the guest and I ultimately wrote the one and only official report of this incident. Although there were 2 management types on duty and in indirect supervision of me their particiapation was only to continue playing their handheld video games and signing off on the report after I finished writing it, if you get my drift.



From my limited experience. Hourly or not, if you were in a position of management or oversight, when or where the injury occurred you could be personally liable but there should be a statute of limitations and if it has gone beyond that without naming you, you should be okay.

This particular company has repeatedly demonstrated a propensity to place blame on any and everything other than the management staff and seriously screw over dorks like me that continued employment there for any significant length of time. Like I stated earlier, I left there under the cloud of a very different compensation issue and to be quite honest I never looked back until I received these letters from their attorneys.

My dilemma is that one or the other could possibly create legal problems for me and for which I desire at least some form of protection from that circumstance. Since I originally started this thread I have spoken again to the lawyer for the plaintiff and he has assured me that his client would under no circumstances pursue any issues with me legally or personally. He went further to tell me that if the company were to accost me in any manner whatsoever concerning this issue to please inform him and that he would see to it that I had legal representation of impeccable quality and that he would pay for it himself if need be.

Although I feel somewhat comforted by his promises I continue to feel threatened in a situation with which I feel no responsibility particularly considering that I no longer work at that company, I left under a compensation issue myself and no one has offered to compensate me for my expenses or time concerning this latest invasion of my private life. I really do have better things to do than to chase the ghosts of a previous employer.

Thanks again for the holler back, CR!!!!!!!!!!!!!!!

How 'bout a sweet iced tea?!?!???!?!??!????!?!???!?!

:beer::cheers2::beer:

Psychoblues

[fj1200]

A few years ago...

Any local legal aid you can check with? I bet a lawyer would give you a quick answer. I'm kind of surprised your old employer isn't providing their lawyer at the least, although they wouldn't have your interests in mind unfortunately.

I can't imagine either side would have recourse against you, you would have been named already...

[Psychoblues]

Through the process of litigation, fj, many facts come to surface with which other associated parties might find occasion to seek redress of some kind whether legit or not. It quickly becomes a circular firing squad for which I desire no participation.



Any local legal aid you can check with? I bet a lawyer would give you a quick answer. I'm kind of surprised your old employer isn't providing their lawyer at the least, although they wouldn't have your interests in mind unfortunately.

I can't imagine either side would have recourse against you, you would have been named already...

The courts, as good as they are, seek resolution whether that goal can be reached or not. It's a merry go round, if you will, sometimes and this particular company indicates every inclination and financial wherewithal to do just that.

How 'bout a cool one?!?!?!?!?!??!?!?!?!??!

:beer::cheers2::beer:

Psychoblues

[fj1200]

That was unresponsive to the question and frankly sounded a bit paranoid... You'll do fine on the stand.

[Psychoblues]

It was not my intention to ignore your question, fj1200. I have sought local legal aid on this issue and am informed none is available because this is thus far a civil issue and not a criminal one.


That was unresponsive to the question and frankly sounded a bit paranoid... You'll do fine on the stand.

As far as being paranoid is concerned, I am only to the extent that I am receiving registered letters in the mail, telephone calls from various interested parties in this case and even visits to my house by at least one private investigator that kindly identified himself as working on the behalf of the plaintiff. All that and this case apparently involves hundreds of thousands of dollars and all are out to protect themselves or obtain compensation and I am aware of how shit tends to roll downhill, don't you know?!?!??!?!?!?!?!

Again, fj1200, I did not mean to ignore your question and I do appreciate your insight and opinion on this issue.

Can I offer you a reconciliation beverage?!?!????!??!?!?!???!

:beer::cheers2::beer:

Psychoblues

[fj1200]

It was not my intention to ignore your question, fj1200. I have sought local legal aid on this issue and am informed none is available because this is thus far a civil issue and not a criminal one.

...

Psychoblues

Legal aid will only help in criminal matters? Interesting.

[Psychoblues]

That's what I've been told by the only public defender I know down here in Mississippi, fj. I knew a few in Memphis, Tennessee that I could speak with but that was years, careers and miles ago!!!!!!!!!!!!!!!



Legal aid will only help in criminal matters? Interesting.

How 'bout that reconciliation beverage?!?!?!??!??!?!?!

:beer::cheers2::beer:

Psychoblues

[emmett]

Psycho...... I had the opportunity to speak with a friend of mine concerning this issue on Friday. Of course his answewr was very indirect since he, and I, don't know the details. Crin has basically sumed up the answer he gave me.

If you were not a named party in the action, then basically all you have to do is go and testify. It is unlikely that as long as you did not "klnowlingly" break the law in any way, you are OK. That is what I get from it and that is what I thought to begin with.

I know you don't want to disclose any exact details on here but you are welcome to call me if you like. I may be able to arrange a phone conversation for you with him so you can at least explore some of your curiosity in this issue. You have my number I believe. If you save your PMs, I believe you will find my number in a PM I sent you last May, when I was broke down in Jackson and PMed you.

I would really like to be of whatever little bit of help I could be in this matter.

[Psychoblues]

At this point it looks like my testimony will certainly be supeoned (sp) if not given voluntarily. I resent that. Like I said earlier, I have better things to do than to chase the ghosts of a former employer and especially so if I am not being compensated for my time, expenses and mental considerations, if you get my drift?!?!?!?!??!?!?!?!?



Psycho...... I had the opportunity to speak with a friend of mine concerning this issue on Friday. Of course his answewr was very indirect since he, and I, don't know the details. Crin has basically sumed up the answer he gave me.

If you were not a named party in the action, then basically all you have to do is go and testify. It is unlikely that as long as you did not "klnowlingly" break the law in any way, you are OK. That is what I get from it and that is what I thought to begin with.

I know you don't want to disclose any exact details on here but you are welcome to call me if you like. I may be able to arrange a phone conversation for you with him so you can at least explore some of your curiosity in this issue. You have my number I believe. If you save your PMs, I believe you will find my number in a PM I sent you last May, when I was broke down in Jackson and PMed you.

I would really like to be of whatever little bit of help I could be in this matter.

Thanks for your offer in the pm, emmie!!!!!!!!!!!!! Seriously, cowboy, I appreciate it!!!!!!!!!!!!!!!!

Could I offer you a toddy of sorts?!?!?!?!?!?!??!?!?!?! And of course I'll hold the lemon and honey!!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

[Lizabeth]

Sorry I've been away for a while are you still waiting with this?

I hope this will help you...I testify all the time. Recently, I was contacted/subpoenaed to testify for the defense in a criminal matter. I contacted the attorney and heard what he had to say and listened to how he intended to as he put it coax my answers. I replied, "if you are asking me to compromise my integrity and dance around the truth as I know it....then I will be your worst nightmare on the stand and you better make a deal with the prosecutor now" Two days later the Public Defender called to tell me the defendant entered a guilty plea and my testimony will not be required.

You seem to be in a simlar position regarding the culpability of your employer. Look at it - remember it and then answer what is the truth. The truth is hard to forget.

[Psychoblues]

Thanks for the holler back, Lizzie. This is a civil case involving many hundreds of thousands of dollars. Neither side has offered me anything for my version of the truth.



Sorry I've been away for a while are you still waiting with this?

I hope this will help you...I testify all the time. Recently, I was contacted/subpoenaed to testify for the defense in a criminal matter. I contacted the attorney and heard what he had to say and listened to how he intended to as he put it coax my answers. I replied, "if you are asking me to compromise my integrity and dance around the truth as I know it....then I will be your worst nightmare on the stand and you better make a deal with the prosecutor now" Two days later the Public Defender called to tell me the defendant entered a guilty plea and my testimony will not be required.

You seem to be in a simlar position regarding the culpability of your employer. Look at it - remember it and then answer what is the truth. The truth is hard to forget.

I have since been deposed via official methodologies and I don't think either side is satisfied with my testimony. In any event, due to my honesty I don't think either will desire my participation in any trial or recall my testimony in any call for summary judgement. Anything beyond any of that will require direct and publicly available information as to compensation to you know who!!!!!!!!!!!!!!!!!!!!! This is exactly where I wanted to be in the beginning!!!!!!!!!!!!!

Thanks for the jamm, Lizzie, as I am a jamm specialist I fully appreciate your contributions!!!!!!!!!!!!!!!!!

Could I offer you a cool one?!?!?!??!?!?!?!?!?!?!??!?!

:beer::cheers2::beer:

Psychoblues

[MtnBiker]

9. u

[Psychoblues]

9. u

Mtnbiker, you forgot to send me the Captain Blueberry decoder ring that you promised!!!!!!!!!!

:cheers2: :beer: :cheers2:

Psychoblues

[Seeker]

If you testify you will be under oath. Just tell the truth. They can't sue you for telling the truth under oath. But I'm not sure why you think you would be sued for testifying.

[Psychoblues]

This is America, seeker, the land of litigation. "They" can and will file suit against you at the drop of a hat.




If you testify you will be under oath. Just tell the truth. They can't sue you for telling the truth under oath. But I'm not sure why you think you would be sued for testifying.

:beer::cheers2::beer:

Psychoblues

[Psychoblues]

I'm still waiting on that decoder ring mtnbiker promised!!!!!!!!!!!!



:beer::cheers2::beer:

Psychoblues

[Psychoblues]

What a shithead. Take a dump in your own front yard.

:beer::salute::beer:

Psychoblues

[SassyLady]

A few years ago we, my former employer, experienced an accident where one of our guests was injured. The circumstances surrounding the accident and the injury were well known to my former employer and to me. I wrote the report on the accident. The former employer is now asking me to testify that the particulars that caused the accident were rare and not in any way their fault. I agree that the patron was quite ignorant in their decision to do what they did that precipitated the accident but this same thing happened repeatedly and over a long period of time.

I don't want to go to court or to testify on the behalf of either of them. If I do go to court I am already aware of misrepresentations on the part of both of them. Neither has offered to compensate me for my testimony and I simply don't believe I should be compelled to testify under any circumstances considering that I no longer work there, I was an hourly employee at the time I wrote the report and I left employment there under the cloud of another compensation issue.

At his time I am concerned that either of them could go after me in some legal or financial way and I don't believe I am being unnecessarily paranoid about this. I can see the point from both sides. What is the best way for me to protect myself in this case? I can't afford to hire an attorney of my own so how can I responsibly and intelligently respond to this dilemma?!?!?!?!?!??!?! Both are threatening to subpoena me.

Thanks in advance and God Bless The Steelers!!!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues


Wow .... bumping threads over a year old and talking to oneself ... a little bizarre to say the least.

[Psychoblues]

Wow .... bumping threads over a year old and talking to oneself ... a little bizarre to say the least.

How entirely odd?!?!?!???!?!?!?

Typically a post intends to create a response. My last one in ths tread created a response but called the post bizarre?!?!?!?!??!?!?!?!? Legal situations sometimes entail years of litigation and outside the scenes entanglements and confusing procedures. That was my original intent in this thread top help me though some of this as I am aware there are several attorneys that frequent this board.

It's too bad that they haven't shown up to help me.

:beer::salute::beer:

Psychoblues

[darin]

Necroposting is pathetic...