Legal Question in Employment Law in Florida

Witness during Termination

If I was terminated in Brevard County from a job and I requested my own witness does my employer have to under Florida law grant me my witness to the termination or is that up to there discretion?


Asked on 1/22/07, 11:15 am

1 Answer from Attorneys

Re: Witness during Termination

If you requested a witness for an internal hearing, such as a hearing under a handbook, the employer only has to follow its own rules. Otherwise, you can sue for breach of contract. But if you brought an external case, such as at the EEOC, then the employer can not refuse. It is up to the judge which witnesses to allow. You may have to subpoena the witness to appear, so you should ask the agency or court you are in front of where to find the rules for subpoenas and discovery. They can usually be found on the website of the agency/court. The judge may also be willing to tell you, although they are limited in being able to talk directly to you without the other side also in on the conversation. (If it is an internal hearing, check the hearing policy or handbook for the rules.)

Good luck!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 1/23/07, 12:24 am


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