My former employer in Indiana is asking me to be a witness in a court case, in which, they are being sued. I worked in a call center where I received a call and tragedy happened, in which, people died. I quit soon after this incident, because of emotional stress. The company's CEO stated I handled the call properly. The call was recorded. The company's attorney is wanting to meet with me in private. Do I need legal representation to meet with my former employer's attorney? Is there anything I need to watch out for? Should I be paid by my former employer for time and travel if I become a witness or am subpoenaed? I have advised my current employer of the possibility of being a witness. Any comments would be greatly appreciated.
2007-03-14 10:45:00 · 10 answers · asked by jefapfel 1 in Politics & Government ➔ Law & Ethics
It is wise to consult with an attorney and the attorney can answer all the questions you asked in your posting.
2007-03-14 10:56:50 · answer #1 · answered by CJ 3 · 0⤊ 0⤋
To protect yourself, ask for a release from the former employer plus an agreement to indemnify you in full if you are sued as a result of the incident. You should get an attorney for this. If you get both then cooperate fully. However, remember that they can subpoena you to testify even if you live in another state.
2007-03-14 10:55:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In a way this seems funny if the entire conversation was recorded. They should have policies, and if the recording verifies you were in line with the policy, I can't imagine what benefit would be derived from dragging you through this?
I suppose today though you might be safer being paranoid. Perhaps you should consult with your own lawyer. If not to represent you during the case, then at least what to look out for during this "private meeting" with their attorney. You know, what statement should be considered Red Flags that you were being set up.
2007-03-14 10:57:05 · answer #3 · answered by KirksWorld 5 · 0⤊ 0⤋
I don't think is for you to worry If you did your job well then is not...But be careful because sometimes I see that the employer will make the fault "on" the forrmer employee...But you did your job well so I say you should not worry because like you say is recorded so..But I will say caution is always a good thing...Pay the fare etc...I don't know about that...But at least the former employer should make easy for you if you have economic lacks so...
2007-03-14 10:54:40 · answer #4 · answered by nena_en_austin 5 · 0⤊ 0⤋
I would definitely retain legal counsel before you give any kind of statement. Anything you say can be used later in court so you want to have someone there to advise you of what you do and do not have to answer. If you are going to be a part of this get an attorney.
2007-03-14 10:55:11 · answer #5 · answered by joeinchino2000 4 · 0⤊ 0⤋
You should probably talk to your own attorney first, as you have a potential personal liability. Follow his/her advice. Your former employer's attorney is not necessarily interested in protecting you. If you are subpoenaed you must respond to the subpoena. You are entitled to the statutory witness fee. As a general rule it is not improper for someone for whom you testify to reimburse you for lost wages & expense due to your appearances, though they are not legally obligated to do so.
2007-03-14 11:01:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
1. yes get compensation...if they are calling you they need you.
2. dont do it b/c you can then be called by the court after you testify once and get into some long drawn out drama.
3. look out ! they may be looking to pin all the blame on a former employee....stay out of any trap to sling the blame your way. Then they can say well its her fault and she doesn't work for us any more.
2007-03-14 10:54:20 · answer #7 · answered by rockfordfilestcb 2 · 0⤊ 0⤋
do what you feel comfortable doing. i personally would not volunteer to testify. cross-examination is stressful, and you left the job to avoid stress. if your testimony is necessary you will be subpoena'd, and will not have a choice. otherwise, the court will not deem your testimony critical, and as such, i would not give it willingly. my personal feelings are that any time court can be avoided, do so.
2007-03-14 10:49:36 · answer #8 · answered by metalluka 3 · 1⤊ 0⤋
I am an atty in NYC and I would not meet with them without your own legal representation. Secondly, since you have not yet been subpoenaed you are not required to go.
Unless you are legal savy, I would not recommend meeting with them without your own atty.
2007-03-14 10:55:48 · answer #9 · answered by zeke58 3 · 0⤊ 0⤋
i agree w/the above. If they subpoena U than you will eventually get paid a witness fee. i would have a lawyer & would not meet in private.
2007-03-14 10:53:57 · answer #10 · answered by Anonymous · 0⤊ 0⤋