Legal Question in Employment Law in California

Sworn Testimony -whistle blower

My current employer is involved in a wrongful termination lawsuit in the state of California where I have been asked to testify as ''the person most knowledgeable''. My testimony may contain facts that may be damaging to the company. Can the company terminate my employment as a result of my sworn testimony not matter how damaging or is my sworn testimony protected under the whistle blower act?


Asked on 1/20/07, 4:11 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Sworn Testimony -whistle blower

They're not supposed to. If it happens, feel free to contact me about your rights and remedies.

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Answered on 1/22/07, 9:00 pm
Laurence Haines HainesLaw

Re: Sworn Testimony -whistle blower

If you answer truthfully at the deposition and your employer does not like your testimony and fires you because of the testimony, then they have violated California law under the Fair Employment and Housing Act by "retaliating" against you. You would have to file administrative charges with the California Department of Fair Employment and Housing and wait for a "right to sue" letter. You then have one year after the date of the RTS letter to file a lawsuit in the Superior Court.

Good Luck.

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Answered on 1/23/07, 1:14 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Sworn Testimony -whistle blower

It is absolutely unlawful for an employer to fire an employee because they testify truthfully in a legal proceeding. This is against public policy in California.

I disagree with one of the other responses, which said the act violates the Fair Employment and Housing Act, unless the case involves discrimination or harassment. There can be many other reasons for a wrongful termination case. But there is a state law that makes this form of retaliation unlawful

If you have real concerns about what to do, you should meet with an employment law attorney in your area, to get the best advice.

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Answered on 1/23/07, 12:43 pm
Alden Knisbacher knisbacher law offices

Re: Sworn Testimony -whistle blower

You might meet with the company lawyer before the testimony -- that lawyer may want to "represent" you. If that lawyer tells you not to testify truthfully, or if you have concerns about his/her representation, you are better off having a lawyer represent you at the deposition. Your testimony is protected, and the company would be foolish to retaliate against you. YOu might want to write down what people at the company tell you about the situation, and what the company lawyer tells you. Feel free to contact at my private email if you want more info. Good luck.

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Answered on 1/23/07, 12:47 pm


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