I have been laid off from my job but am still a named defendant in a pending lawsuit against my former employer. If I no longer am employed by this company, am I still a part of this pending legal matter?
1 Answer from Attorneys
Yes, you are still part of it, until you get yourself dismissed from it. If you were named as a defendant solely because of your position in the company, and not because of something you specifically did (your specific conduct), you can file a motion to dismiss the case as to you. Your employer could accomplish this by filing a motion to substitute your replacement as a defendant in the lawsuit. Your employer probably wants you out of the lawsuit, as a laid off employee will probably not be the best witness for the company and might even be hostile to the company.
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