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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My situation is that my former employer is going to

Customer Question

My situation is that my former employer is going to bankruptcy court, I have done a deposition on his behalf, and since then I have quit. I asked the layer if I could be excused from the trial, because I could not be a good witness on his behalf.she told me that I have to be at the trial and that if I changed my testimony of be perguring myself. Today I revived a letter from my former employer starting that I threatened him and that he cancelled my transaction and not to ever return to the shop. Is like assistance please.
Submitted: 1 month ago.
Category: Legal
Expert:  socrateaser replied 1 month ago.

Hello,

I am a member of the State Bar of California, and the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties).

You say that your former employer "cancelled my transaction." I don't understand this comment. Can you please describe the transaction that was canceled?

Thanks in advance for using Justanswer!

Customer: replied 1 month ago.
I worked in a gun store, and had purchased an AR lower reciever, while I was in the 10day DROS Period (dealers record of sale). While the state was processing my purchase, my former employer canceled the process
Expert:  socrateaser replied 1 month ago.

Okay, thanks.

I'm headed out for dinner. I will reopen this Q&A session so that others may try to provide further assistance. Best wishes, and thanks again for using Justanswer!

Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Phillipsesq. I will be further assisting you with your post. Thank you for your patience.

I am sorry to read about your difficulties.

If your former employer cancelled your gun purchase due to retaliation, you should file complaint against the former employer with California Department of Justice, Bureau of Firearms. Click here for the contact information.

Goodluck with your case,

Customer: replied 1 month ago.
I appreciate the help however my initial question hasn't been addressed. Please advise
Expert:  Phillips Esq. replied 1 month ago.

I will opt out and give another Attorney the opportunity to further assist you.

Expert:  Law Educator, Esq. replied 1 month 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.

I am a DIFFERENT CONTRIBUTOR as your previous two contributors left.


If you had actually paid for the merchandise, your employer could not cancel the process. This would be deemed a breach of contract. Now for the harsh reality of this situation, even if this is a breach of contract and your former employer should not have done this, because they are in bankruptcy there is nothing you can sue them for and no money judgment you will generally get from him because he is in bankruptcy and your claim would end up extinguished as part of the bankruptcy. So while you could have grounds to sue for breach of contract, realistically because of the bankruptcy you would not get anything from any such suit.


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Customer: replied 1 month ago.
I guess what my question is, am I still legally bound to appear in federal court? I have been subpoenaed, done the deposition and have subsequently quit my job, because I can not in good faith testify on my former employers behalf. Is there a way to be excused?
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your reply.

You are under subpoena, they can mandate you appear in federal court even if you did the deposition. You have no choice but to testify truthfully. You cannot just get excused from the subpoena unless you are physically incapable, meaning in the hospital and unable to leave. So you cannot be excused I am afraid, you have to appear and testify like you did in the deposition (you cannot change your testimony since the deposition was under oath and if you change testimony you could be charged with perjury).

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