Legal Question in Employment Law in California

Requirement to participate

My company is being sued by a former employee for wrongful termination. I've been asked to speak to our attorney because I was named in a letter of complaint by the person suing. I was promoted and the person suing thought she should have the job. She was subsequently laid off because of chronic lateness. Am I required to participate in questions or the trial since I'm not being sued?


Asked on 6/12/06, 9:17 am

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Requirement to participate

You can cooperate volutarily or you can be supoened. If either side to the lawsuit wqants your testimony, it can be compelled by a supoena.

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Answered on 6/12/06, 4:31 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Requirement to participate

Any party to a lawsuit can compel you to attend and testify at a trial or a deposition with a properly issued subpoena. If your employer's attorney wishes to interview you privately about the matter, you don't "have" to participate. On the other hand, the employer isn't required to keep you on as an employee either. You are better off cooperating.

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Answered on 6/12/06, 4:39 pm


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