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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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I am an employee of a company that is being sued by a previous

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I am an employee of a company that is being sued by a previous employee for breach of contract. I am concerned that my company believes I provided the person suing information to help their case. Will I be called as a witness? Can I refuse to participate?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. As for whether or not you'll be called as a witness, we can't really answer that. We don't know the case and can't control what either side would do. If you have information relating to the relationship, then you could be called. No, you can't refuse to participate. This isn't a criminal trial where you have the right to plead the 5th Amendment, because no questions would relate to you criminally incriminating yourself. You don't have to be cooperative, and if you have no useful information you'd not be a useful witness. However, if you have relevant information, you aren't being called by the other side...you are technically being subpoenaed by the court under state or federal law and must appear. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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