If I was identified as a “fact witness” in a discrimination case against my former employer, what my options are if I am asked to provide testimony?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was identified as a “fact witness” in a discrimination case against my former employer, what my options are if I am asked to provide testimony?

I spoke with the plaintiff’s lawyer and have nothing to add. I left the employer on good terms and feel testifying against them will impact my career as I continue to work in this field. Also, I believe the plaintiff has misrepresenting my knowledge of certain facts. After my resignation, she had contacted me on several occasions with “work” questions but in retrospect I see that she was attempting to coerce certain opinions from me.

Asked on October 7, 2011 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Until and unless you are subpoened to testify--that is, until and unless the plaintiff uses legal process to compel you to testify--you would not have to testify; you can refuse requests to testify. Once subpoened however, you would have to testify, or else be in contempt of court and face penalties, potentially including jail time. If subpoened, you could retain an attorney who could try to get the subpoena quashed on the grounds you have no relevant testimony or information, but that is unlikely to happen--the courts give wide lattidue to take testimony or gather evidence in order to see if there is anything relevant there. Also remember: if you know anything that could incriminate you criminally, you have a right to not testify as to it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption