What is my responsibility to a business that I no longer work for?

Last year in my role as operations director with a company, I terminated an employee who retaliated with a wage complaint. Through the advisement of a company attorney and an outsources HR. I did my due diligence to respond to the complaint. I have since left the company. Apparently this matter has escalated legally since my departure with the former employee requesting a significant amount in back pay. My former employer has requested I sign an affidavit related to my role in the termination of the employee. Am I obligated to sign this affidavit? If so, what would be my possible responsibility in this matter should it make its way into a courtroom? I prefer to not sign the affidavit as I am no longer an employee of the company. I well documented my account of what happened which was included in the position statement drafted by the attorney with my signature. I’d rather not be engaged further in the matter.

Asked on January 31, 2013 under Business Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are not named in the lawsuit you are technically not obligated to cooperate with your former employer legally with respect to the matter. However, from a moral perspective you need to think and do what is the right thing to help your former employer. Potentially you could be subpoenaed for a deposition or trial. As such, it is best to try and help your former employer the best you can.


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