Legal Question in Employment Law in California

My employer has asked me to testify against an ex-coworker. Should I testify against my co-worker, or should I stay out of this matter?


Asked on 6/16/10, 9:41 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

This is a personal decision only you can make, unless you are subpoenaed by either party. If you choose to testify, you must testify truthfully. If the truth may be harmful to the employer, you should advise them in advance. They may not want you to testify in that case. If they ask you to lie, do not perjure yourself. It is illegal for an employer to retaliate against employees who refuse to perjure themselves.

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Answered on 6/17/10, 9:39 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. That means that you have to follow orders unless requested to do illegal things.

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation. The employee's goal should be to keep the employer happy.

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Answered on 6/17/10, 3:12 pm


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