Legal Question in Employment Law in Massachusetts

Re: witness at civil employment suit

I'll try to break your questions out...

1. What are my rights as a witness? Do I have to appear?

Yes, you do have to appear or you could be held in contempt. You do have the right to be represented at the deposition by a lawyer, but that would be at your own cost.

2. Can I state that I am a hostile witness?

Doing so accomplishes nothing and simply gives the former employee's lawyer a reason to treat you as a hostile witness. Also, despite your annoyance, you should try not to think of yourself as hostile, but, instead, as a person who has been brought in to tell what you know factually.

3. Do witnesses have to answer these questions?

For the most part, yes, they do. Most of these questions are simply what we call "foundational" questions, which means that they are little more than background.

4. Intimidation?

No, not for the most part. Sure, it may be inconvenient, perhaps even annoying, but not really intimidation.

5. Do witnesses have to answer these questions?

For the most part, yes. The other side is not only allowed to ask questions which will result in admissible answers, they are also entitled to ask about anything which might "reasonably lead to the discovery of admissible information." This is incredibly broad. Generally, you can only refuse to answer questions that infringe on attorney-client privilege or some other privilege. If your counsel were really to feel that the questions had ventured completely into irrelevant harassment, then he or she could instruct you not to answer, but you'd be surprised how far the questions need to go to be considered this type of harassment.

6. Should I hire an attorney to come with me?

Some people do. Some don't It's mostly about comfort level and willingness to incur the cost. You might also meet with an attorney in advance of the deposition so he or she can help prepare you.

7. What are my civil rights to privacy? Or do lawyers just not care?

In fairness to the other attorney, his or her job - entire job - is to zealously advocate on behalf of his or her client. You would expect nothing less from your own attorney. You ask the questions you need to prove your case or to demonstrate some sort of bias in the witness.

Good luck.

Evan