What can be done to stop youremployer from citing you as a hearsay witness regarding a co-worker’s compensation claim?

UPDATED: Aug 12, 2011

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What can be done to stop youremployer from citing you as a hearsay witness regarding a co-worker’s compensation claim?

My supervisor wrote a letter to a workers comp case judge, using my name  and others) without permission to supplement her argument against an ex-employee who filed a suit against her and the company. I disagree with her using my name without asking me my permission. Is there any advice you can give me?

Asked on August 12, 2011 Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is nothing you can do.

1) There is nothing preventing any party to a legal or administrative action from listing or identifying people who may have knowledge of the situation. This is perfectly legal and, in fact, is a foundation of our legal system--identifying those with relevant knowledge, to provide testimony.

2) There are mechanisms to compel you to testify, such as a subpoena, if one or another party to the action wants you to. You can sometimes fight being called, if you can show that you don't truly have anything useful to add, but if you do have useful information, it's unlikely you could avoid testifying if the parties want you to.

It's understandable why you're not happy about this, but it's not something, unfortunately, you can do anythign about.

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.

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