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If a person, specifically a supervisor to an aggrieved

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If a person, specifically...

If a person, specifically a supervisor to an aggrieved person, lies during a deposition, is it illegal -- i.e., breaking Federal law? I know it is illegal to lie to a Federal investigator, but what is the case when they lie to an attorney representing the person who filed the EEO complaint and/or lie in the written questions and answers that the EEO investigator poses.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

It was in a Federal office in Washington, D.C.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

The person who was discriminated against was a full-time Federal employee.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. An agreement was signed only because the aggrieved person had 2 disabilities, PTSD (exacerbated by the crash) and a disabling injury from a near fatal rollover crash in which the person was a passenger, not the driver, and these disabilities were documented more than required by the person's medical providers.

Submitted: 10 months ago.Category: Employment Law
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Customer reply replied 10 months ago

If a person, specifically a supervisor to an aggrieved person, lies during a deposition, is it illegal -- i.e., breaking Federal law? I know it is illegal to lie to a Federal investigator, but what is the case when they lie to an attorney representing the person who filed the EEO complaint and/orlie in the written questions and answers that the EEO investigator poses.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

It was in a Federal office in Washington, D.C.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

The person who was discriminated against was a full-time Federal employee.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. An agreement was signed only because the aggrieved person had 2 disabilities, PTSD (exacerbated by the crash) and a disabling injury from a near fatal rollover crash in which the person was a passenger, not the driver, and these disabilities were documented more than required by the person's medical providers.

Answered in 2 hours by:
9/29/2017
Employment Lawyer: Marsha411JD, Lawyer replied 10 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,989
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. Yes, as long as this is a sworn deposition (under oath), it would be perjury to lie. Here is a link to a DOJ (Federal prosecutors) discussion of Federal perjury charges: https://www.justice.gov/usam/criminal-resource-manual-1743-perjury-overview-18-usc-1621-and-1623-violations

It is unusual though for someone to be criminally prosecuted for perjury in a civil deposition or sworn statements. Most of the time, the opposing party would impeach the person who made a false statement by an opposing deposition of someone who knows the truth or in trial with an opposing witness. But, theoretically, it could be charged as a crime if Government prosecutors wanted to take the case.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to assist you, then the Site will give me credit for working with you today. Thank you

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Customer reply replied 10 months ago
Thank you. I appreciate your answer and the link to DOJ. However, I still don't know what can be done by the aggrieved, especially after they have signed off on the EEO case -- and only did so because they could not physically or emotionally prepare responses to questions that were asked more than once by the EEO judge/administrator. In fact, the aggrieved person was doctor-directed to retire much earlier than expected because she received no assistance, such as typing assistance, and was given no reasonable accommodations, though she had 2 disabilities: the permanently disabling crash injuries (to her dominant hand/wrist/arm) and PTST. She had no plans to retire for another 4 or 5 years and during this period of discrimination had to use up her accumulated sick leave which she planned to add to her length of service under CSRS. Plus, had she continued to work, she would have had at least 2 additional within-grade increases. From the info you provided, it seems that this isn't covered. As clarification, please respond to my additional information. The supervisor discriminated (and actually purposely took actions to aggravate the employee's condition). She was careful not to have witnesses observe most of her unlawful actions. I need to think about this and then will be glad to rate you. What was not answered is whether the written statements made during an EEO investigation by the person who discriminated can be considered illegal? And, what can the aggrieved do, now that she has signed off on the EEO case -- and as a result of the discrimination is now getting by on about 54% of her income prior to retiring.
Employment Lawyer: Marsha411JD, Lawyer replied 10 months ago

Thank you for your reply. I actually did touch on what the options were for the party that believes they were negatively effected by the perjury, but perhaps didn't make a clear enough statement. As mentioned, if someone made a false sworn statement during a deposition, or during an official investigation, they could be prosecuted as set out in the DOJ guidance and, in my initial answer, which you might want to review again. That though is not up to the "aggrieved party," but instead up to the Government if they believe there is sufficient evidence to pursue a perjury case.

As for the recourse of the aggrieved party, that was what I mentioned when I spoke about when I mentioned "impeaching" the testimony of the person making the false statements with relevant and reliable information that the statements were false. In this case, if there has already been a settlement, then there is no civil option for the aggrieved party to pursue for the alleged false statements. The time for that, was during the process prior to reaching a settlement by pursuing suit against the employer or during a deposition prior to trial.

Again, please feel free to ask for clarification and keep in mind that I only know the facts and questions that you share with me.

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