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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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hello, i was mentioned in a legal suite against my employer

Resolved Question:

i was mentioned in a legal suite against my employer from a previous employee who is the one sueing my employer. I dont recall saying anything to this person for what he is mentioning me for ,that can get my employer in trouble . My employer's legal staff has asked me to sign an affidavit of oath, saying just that and more. My question is, do i have to sign one because i feel that i am going to be drilled from both sides so can i say no and if I have to go to court and testify should i plea the 5th just so I dont have to get involved????
Submitted: 5 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

My apologies but the 5th amendment will not help you here. That amendment can be invoked only if you are seeking immunity from CRIMINAL claims, not civil responses. As a consequence if you plead the 5th that will either be read that you are criminal complicit, or the judge will throw out your statement and compel you to answer or threaten you with contempt of court. While you can say "no", then your employer's legal staff can obtain a formal subpoena from the court and still compel you to testify even if you do not wish to do so. Likely signing the affidavit, so long as what you are signing is true, is the easier option to pursue.

Good luck.
Customer: replied 5 years ago.


I understand what you have written, now the problem is that i dont recall saying it and the former employee never informed me that he was going to mention me, so I want to protect myself because i feel that both parties are trying to get information out of me.

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Then if the affidavit you are being asked to sign is false or not how you recollect the events, do not sign it. You are correct, likely both parties are trying to get information from you, but as a witness your sole job is to answer as truthfully as you can, and not commit perjury on the stand. Beyond that there are state laws in place that would protect you from retaliation from the employer if he chooses to try to force you to sign, or if he fails to provide you with a safe working environment if you end up stating something against the employer's best interest.

Good luck.
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