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RobertJDFL, Attorney
Category: Legal
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Hello Just Answer, Im an employee of a field tech company.

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Hello Just Answer,

I'm an employee of a field tech company. I believe it was about 2 years ago I was in a morning meeting and a manager had a disagreement with a tech. The manager made an I appropriate statement to the tech and he responded with a threat to the manager and was fired.
Now the company is being sued by the technician. He wants me to testify or provide a statement in his favor to win the suit.
I can't remember the details of each of their comments, should I even bother to take on side or the other.
Rob W
Thank you for your question.

You are not under any obligation to testify for either party. Yes, technically a party could subpoena you to testify, but without knowing what you would say or what you remember, that would be very risky. If they felt you were important to proving your case, I imagine they would seek to take your deposition under oath ahead of any possible trial.

Have you spoken to this tech yet? If not, you should consider simply stating what you've said here - that this incident occurred two years ago, that it is not something you have generally thought about, and given the amount of time that has passed, you cannot remember the details of what was said or by whom, and as such, do not feel you would be a good witness.
Customer: replied 4 years ago.

Thanks for your response. Truthfully to be fair to both parties, and I do both these guys but don't have contact with either of them I think neutrality would be the best course.

That's fine too. You are not obligated to testify for either party. As I previously mentioned, a party could theoretically subpoena you to testify, but to do so without knowing what you would say would be very risky, and therefore unlikely.
If you were thought to be a critical witness, a party may subpoena you to take your deposition, if the case proceeds that far – but as it stands right now, you can simply tell this former employee, that you are not willing to testify for either side.
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Customer: replied 4 years ago.

Hey man, I have to clarify something real quick. I think I might have come off the wrong way when I wrote " I do both these guys".


What I meant to say is " I do know both these guys".


It makes a difference.


Good come back though " That's Fine too".


Ha Ha, Thanks for your help.


P.S. Me and my wife cracked up over my bad typing skills, have a good night.

Hahahaha! No, I actually read it as "I do know both of these guys" - or at least understood what you meant. But if it's the other thing, well, that's okay too. You're all consenting adults, what you do on your own time really is fine with me. That would probably make your situation a little more complicated though, I'd imagine. ;)

Glad to have helped. Have a good night!