Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Law Educator Esq I need help with an witness summary and an…

Customer Question
Law Educator Esq I need help...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 14 hours by:
2/21/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,728
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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?
Ask Your Own Legal Question
Customer reply replied 2 years 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 reply replied 2 years 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.
Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
Ask Your Own Legal Question
Customer reply replied 2 years 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.?
Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
Ask Your Own Legal Question
Customer reply replied 2 years 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
Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
Ask Your Own Legal Question
Customer reply replied 2 years 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
Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
Ask Your Own Legal Question
Customer reply replied 2 years 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.
Lawyer: Law Educator, Esq., Attorney replied 2 years 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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,728
126,728 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,728 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
How can someone raise a issue of credibility on a statement
How can someone raise a issue of credibility on a statement in civil court? under what rule?… read more
Sean K
Sean K
Attorney/Member
JD
952 satisfied customers
For law educator- What if...the plaintiff brings along her
For law educator- What if...the plaintiff brings along her assistant that was in and out of the meeting and they conspire to cook up some lies with her as a witness and affidavit?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,728 satisfied customers
Law Educator, Esq.- Can a Defendant Subpoena a witness(in
Law Educator, Esq.- Can a Defendant Subpoena a witness(in N.J.) for a Motion To Vacate Summary Judgment ? I understand that Discovery has an End Date. Defendant deposed Plaintiff's representative, but… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,728 satisfied customers
Can I assist in contested power of attorney case with supporting
Can I assist in contested power of attorney case with supporting documentation without the attorney's involvement… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
I work as security at a private residential property, a owner
I work as security at a private residential property, a owner of a unit is suing the property and i happen to be the guard in the lobby booth that morning he slipped on the outside Circle parking area… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
How much compensation should I ask for in a harassment case between Doctor and pa
How much compensation should I ask for in a sexual harassment case between Doctor and patient. I have a lot of evidence.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,728 satisfied customers
Operating Pro Se ... Is it ok to file affidavits in a summary
Operating Pro Se ... Is it ok to file affidavits in a summary judgement proceeding that only I would have knowledge of such facts if I sign and have the affidavit notarized… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Im operating Pro Se can I have someone sign an affidavit if
I'm operating Pro Se can I have someone sign an affidavit if they're not on my witness list… read more
socrateaser
socrateaser
1,031 satisfied customers
civil case: summary judgement at trial - after plaintiff finishes
civil case: summary judgement at trial - after plaintiff finishes his side, can either party move for summary judement in their favor? Does impeachment factor into the judge's decision at that point?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I submitted a motion for summary judgment. The plaintiff submitted
I submitted a motion for summary judgment. The plaintiff submitted an affidavit by a witness to establish a prima face case. One of the statements on the witnesses affidavit was false. What is the pro… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
SITUATION: Weve (defendants pro se ) filed a motion for summary
SITUATION: We've (defendants pro se ) filed a motion for summary judgment in a defamation case, the plaintiff's councel waited until the last day (Monday) to file a leave for more time to respond with… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I was ordered in Civil Court on 7/26/12 to show cause why
I was ordered in Civil Court on 7/26/12 to show cause why a summary judgment should not be rendered in favor of the plaintiff. Do to a unforeseen illness that accorded that same day I could not attend… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
I have a few questions regarding a federal civil litigation,
I have a few questions regarding a federal civil litigation, these questions pertain to settlement conference, pretrial conference strategy and evidentiary law. 1. I need at least one good 8th circuit… read more
writehelp
writehelp
58 satisfied customers
I am representing myself in court as a plaintiff in the matter
I am representing myself in court as a plaintiff in the matter of filing an HRO. At the time of filing the initial complaint, I submitted a hand-written description of the complaint in an affidavit. F… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Substituting affidavit and deposition testimony for expert
Substituting affidavit and deposition testimony for expert witness appearance at trial - Maryland. Hi, My wife and I are plaintiffs in a legal malpractice case in Maryland. The defendant is the attorn… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My friend was allegedly assaulted by her live in boy friend
My friend was allegedly assaulted by her live in boy friend 2nd offense The charges this time are domestic violence Felony Assault I believe are the charges First time it was just assault Of course af… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
HI there, Im wriing a research paper on children as witnesses
HI there, I'm wriing a research paper on children as witnesses in sexual assault. I was wondering how exactly do you approach an interview? Is there an age limit to calling them to the stand? Or do yo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am suing an ex-boyfriend for money he owes me for a loan
I am suing an ex-boyfriend for money he owes me for a loan on dental work he had done a couple of years ago. I have the receipts and credit card statements showing I paid for the dental work. We had a… read more
MStrisik
MStrisik
Doctoral Degree
281 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x