Any lawyers? I used to work for an assisted living facility as a nurse and the facility is supposedly being?

Question

sued by a patient...but no notice of this is found at municipal court website...but I was one of the people giving care to this person...the POA/son had given instructions that he was not to be sent to the hospital "for any reason" and signed a paper for the facility (which I think was a mistake for the facility to agree to, but...not my call on that)....he slipped and fell at night and hit his head and broke his shoulder..I worked next day...

More than one year later, the administator got me in a room with the company attorney to give a statement "to help them out" since they were being sued by the POA/son...there is no record on municipal court website of any such lawsuit..I did so, but into it, I was not given access to all the records to aide my memory of the events ..Then when they got what they wanted, they later fired me on picky stuff in Oct. Now today their atty calls me to "set up a deposition"...thot i already did this once?

I am afraid they are setting me up somehow

ran out of space... can I just ignore their calls? I feel I was fired because of them trying to blame me for this incident and also because of discrimination since I had cancer before I was hired by them..the admin. even said "Why didn't you tell us you had cancer before we hired you?"...and then started writing me up...I had a good record before I asked for fulltime with benefits

I am having problems getting work and lots of bills...no money for an attorney...can I get a public defender if it comes to that ? even though it is a civil case and I am not supposedly the defendant..I would like to tell this company to ******....fill in the blanks....but afraid that would cause me more problems...

spock, not sure what you mean by "higher court"...municipal court states it should start there...if there really is one...

The deposition meeting is supposedly with the "plaintiff's lawyers"..I re-listened to the message....I called my homeowner's insurance (have umbrella policy) and they are having a lawyer to represent me...before it gets too deep...

Hard to prove discrimination...she made the remark with just her and me...she would deny it..they covered their tracks...

Answer 1

I'm not a lawyer but I can give you some advice as just another person.

Civil suits wouldn't be filed in Municipal court for a matter like this, check with your county courts to find the suit (if it's been filed). It's also not all that unusual for a statement (which is not the same as a deposition) to be done totally off memory without any memory aids. Same goes for a deposition.

You've got several options for this current request for a deposition. One is just do it(NAHHHH!), second is to wait for them to go to the courts and subpoena you. The one I ALWAYS try, is to explain to them just how much my time is worth and tell them no problem but I do expect to be reasonably compensated for my time. Not surprisingly a lot of lawyers are stupid and WILL pay you for your time! It gives you the option to let the other side know you were paid for the companies deposition. They might also pay you for your deposition, but more likely they'll use the payment to slam the company in court. Otherwise just wait for the subpoena and give your deposition then, why make life easy on them!

Finally, there HAS to be some kind of legal aid society in your area! Talk to them about the problems, you might even get them to look at the facts regarding your termination! A simple call from their offices verifying your previous employment often results in the company giving data not legally allowed which can mean an out of court settlement for you!
Sic'em!!

Answer 2

there are no attorneys here --- lawyers expect to be paid.

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I suggest the following -- agree to be deposed by both sides at the same time with both attorneys in the room. Only that way, unless and until someone shows up with a subpeona.

Either they'll go away quietly, or you'll find out about the other side.


Btw, I expect that the suit isn't in municipal court but some 'higher' court [whatever those are where you worked].


GL

Answer 3

You don't have respond to anything but a subpoena. If you do get a subpoena then you should retain an attorney to make sure your rights are protected.

They fired you. If they need you to defend themselves from a law suit, and I were you, I'd have memory problems about anything that can assist them and remember perfectly everything that hurts them.

*****No public defender for a civil suit. If you have low income try Legal Aid. If that doesn't work then do what the guy below me said.... insist that you be deposed by BOTH sides at the same time with BOTH attorneys in the room at all times.

Again, you don't have to respond to anything short of a subpoena.

Answer 4

wow you have a very complicated situation, it is like a web started by a spider, then it goes on and on. Are you trying the impression that you cannot afford an attorney at this point in time since you told us you are broke. Yes, I think you have a civil case against your employer for firing you on the ground of discrimination, you have seen the movie PHILADELPHIA, starring Denzel Washington and Tom Hank, Tom was fired because he is gay. And Denzel was his lawyer.

The higher court they refer here is none other than the SUPREME COURT. They promulgated all the rulling of the appallate court, and they can reverse/rectify the ruling of these court if they found it wrong or abusive in nature.

The best thing you could do is find a civil lawyer to discuss your case, we cannot go on telling you this and that because we donot know the exact nature of your case, and it is illegal to discuss a case like this in the net, I pressume. Good luck.