Legal Question in Legal Ethics in Ohio

Deposition questioning

in a deposition, if i testify that i graduated from college do they always do a ''background check'' to see if i really did, or is it so commom place now that it is as unimportant as checking if attended high school? i did not graduate, but i did attend for two years. i am 47 years old, a very high level executive and it was some years ago. i am concerned because my employer will be reading the deposition and it has always been assumed that i did.

worried.

Asked on 4/13/04, 9:56 pm

1 Answer from Attorneys

Steven Martinek Steven Martinek Lawyer Ltd.
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Re: Deposition questioning

Hire an attorney. There may be grounds to quash the subpoena or limit the questions at the deposition. Once you have taken the oath it would be perjury, illegal, and unethical for you to provide false information in response to specific questions. You are not required to volunteer information however. Unless you are a key witness, or your education and judgment are key factors in the issues of the suit, the attorney may very well not ask specifically whether you graduated. Ideally, you should clarify your credentials with your employer prior to the deposition. If you are terminated, or demoted, that may be the price you have to pay for having lied about your credentials in order to get the job in the first place. In the alternative, your employer may appreciate your belated candor as well as your desire not to jeopardize the lawsuit by offering false testimony. If the employer needs your testimony they may not choose to terminate you. (They would also need to guard against being seen as firing you in retaliation for your notice that you intended to testify truthfully.) Good luck.

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4/14/04, 10:01 am

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