Can a lawyer subpeona me to a former co-worker’s unemployment hearing?

A woman from work got fired for taking damaged sheets from returns that were no good to our company and were going to be given to a charity. Her unemployment has been stopped and her lawyer called me and threatened to subpoena me to her unemployment appeal hearing since I was a witness. Can they do that? I don’t want to loose my job over her unemployment. I want no parts of this.

Asked on December 1, 2011 under Employment Labor Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were subponaed, you should talk to a lawyer about the possibility of incriminating yourself. Review the subpoena and see if it requires your presence. If it does, again, talk to a lawyer first and then consider just going in. No one said you have to volunteer all the information in the world and it sounds like you feel she did nothing wrong. So just be honest. You cannot be fired in retaliation for speaking because a) this is not your unemployment hearing and b) you didn't volunteer to be a witness, you were required to show up.


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