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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111601
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator Esq I need help with an witness summary and an

Customer Question

Law Educator Esq
I need help with an witness summary and an affidavit of specific facts that a witness will be testifying to for judge who is now reluctant to provide statement because of possible coercion by mgmt. I also need to show why witness could not provide
This witness was a previous victim of the same harasser as I was most recently.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is the assistance you need regarding this?
Customer: replied 9 months ago.
I am preparing for Eeo hearing for harassment based on sex and race from an employee. I need to prove this isn't a one time occurrence that mgmt was aware of because it had happened to another employee b4 who repored the harasser the witness was willing to provide statement of relevant facts that she would testify to regarding herptrevios account from harraser but is now afraid because mgmt told her she wasn't directly involved with my case but I need to show the judge that the harasser has harassed another person because of their race and mgmt failed to act and are stating my incident is the only one that has occurred to their knowledge and they disciplined him accordingly...the judge wants me to submit an affidavit of what facts my witness will testify to...help
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Management cannot tell her anything to prevent her from testifying and her testimony that there is an issue with this employee is proof the employer knew that the employee was a problem.
So you need to list in bullet number form what they will testify to.
You need to state their name and that they are an adult who is mentally competent. You state they are an employee at the company. Then you state on X date they had to file a complaint against employee because of (and say what the employee did in detail) and that the employer was made aware of the behavior of this employee. This is your proof the employer knew of the conduct.
Customer: replied 9 months ago.
Ok. But because of MGMT talking to her about this matter has caused her to be uneasy about being involved because she is now saying she has no direct involvement and changing her story to he bothered her before, she reported it to MGMT and he no longer bothers her. Which I guess is fine because it will still prove my point that they were aware and this wasn't a first time occurrence and overall they failed to act timely and appropriately. Therefore I was his next victim. I'm just afraid that because I have somewhat limited information and her reluctance to do her on statement it may get dropped because the agency has asked for a summary judgement basically saying there are no material facts in dispute or no evidence. So what should I state as the reason that I should provide as the reason why my witness cant/want provide the affidavit statement as to the facts she will testify to.?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Tell her that if management does anything to her she can sue for damages for the retaliation and harassment, so she could have another case against them. You need to tell her that if she does not stand up he will just keep finding new victims and she needs to do the right thing here.
You cannot provide a reason they will not testify, you have to convince them to do the right thing and testify.
Customer: replied 9 months ago.
The judge has requested that I provide information on the reason the witness can not provide affidavit. So I am at a lost words because she has been convinced by MGMT to not be apart of this matter only because they know she has had problems with same harassed in past. But I did list her as a witness and the hearing is this week but I must submit this information prior to his ruling on agency's request for judgment. And I don't really know what to say in this request but I do believe she would lie when if given the opportunity to testify
Expert:  Law Educator, Esq. replied 9 months ago.
You can state that the employee said they were told by management that since they were not involved in the case to stay out of it and have the employee sign an affidavit to that effect. That would put the employer in a position to be sanctioned for interfering with the case.
Customer: replied 9 months ago.
That's the problem she want directly tell me that they told her this but I was told by a third party whom gave me the information she gave them. That's why she doesn't want to sign and no longer wants to be involved but the judge is asking me to provide a reason. She doesn't want to oppose against MGMT even thou she knows right from wrong. She has allowed to convince her this isn't a matter of her concern
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You have to argue to court and at least present some witness who is able to testify that the employer is threatening her to not testify.
Customer: replied 9 months ago.
I only listed here on my witness list to the court and being that I'm limited on time here...I don't think that one will be able to get a cooperate witness this late into everything. So I guess I will just say the witness is now reluctant to give because she states she advised MGMT of incident, they took care of it and the harassed discontinued bothering her.
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply

You can also state that they are afraid to come to court and testify as they would be afraid that they would be harassed again.