While employed I witnessed a car go over a retaining wall. Two people were hurt and one is suing the facility I worked at. I am no employed with them, actually I was fired for an unrelated incident. They have called and want me to meet with their legal counsel because the plantif wants a deposition from me about the incident. What am I obligated to do? At the time of my employment I was told I would back up the facility or my job would be at risk. What should I do?
1 Answer from Attorneys
What you should do is your decision. You apparently were an eye witness to an accident. The plaintiff's attorney is seeking to obtain all the facts, evidence and witnesses they can. If you were employed by the company and they tried to fire you over your testifying pursuant to a subpoena then you may have a very good employment law case against them for wrongful termination. Since you are not employed by them, and they've fired you, I don't see how it can have an impact on you. Setting that aside, it can be viewed as a simple civic duty or morale decision. You have information that may assist the plaintiff, or it is possible it will be beneficial to the defendant. Your providing a statement (via deposition) of the facts as you know them to be, will likely help in resolving the dispute.