How can I get my witnesses to testify if my previous employer has threatened to fire them?

My appeal is coming up on and my witnesses have backed out. They cannot afford to lose their jobs. Or have their hours cut on my behalf.

Asked on December 8, 2011 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In a lawsuit, you could subpoena them to testify--they would be forced to come to court and testify (though, of course, it's possible they'd lie if they are sufficiently frightened for their jobs). I do not believe you can force them to testify at an appeal before certain administrative agenices--such as if you are appealing the denial of unemployment--though if you later appeal to the courts, you should be able to subpoena them at that point.


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