Legal Question in Employment Law in California

An ex-employee of my employer introduced me to another employer who did not end up making an offer to me. The ex-employee used company cell phone to communicate with me via text messages. This ex-employer now joined the new employer. Now my employer is planning to sue the ex-employee as they read the text messages and wants me to be a witness in the court. Can they legally force me to do that? My employer told me that I don't have a choice, but I want to know my legal rights on how much I should get involved in this matter. I do not want to be part of this case and can my current employer force me to be a witness as I have text messages exchanged with the ex-employee?


Asked on 10/10/10, 7:23 am

1 Answer from Attorneys

Any person can be forced to give testimony relevant to a case by the use of a subpoena. When it's your employer who wants you to testify they don't even need the subpoena unless you quit or are fired before your testimony is required, all they have to do is tell you to do it and fire you if you refuse, and then subpoena you. If you disobey a subpoena, it is contempt of court and you can be fined or jailed.

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Answered on 10/15/10, 8:16 am


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