Can a previous employer send a former employee a letter requiring them to attend a hearing?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a previous employer send a former employee a letter requiring them to attend a hearing?

My son was injured on the job last year and the company failed to file accident report with workman compensation. Also, same company gave dept 2 different insurance providers and now company being investigated. My son was eventually terminated, but just received letter in mail from company attorney requesting him fill out a questionnaire on his injuries and request he appear at a hearing to discuss his accident. The letter states the company has 4 witnesses. Is he required to answer these questions and does he have to have to appear? What happens if he fails to comply?

Asked on March 4, 2011 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless your son receives some legal process compelling him to testify--typically a subpoena, which can require oral testimony, written answers, or the production of documents--he does not have to testify. However, if he receives a subpoena, then in the vast majority of cases, he will have to testify--the exceptions would be if he (or better yet, his lawyer) can prove he has no relevant knowledge or connection (or if live oral testimony in person can be shown to be exceptionall burdensome, it maybe possible to arrange for a video deposition). However, until and unless there is legal process, the request is voluntary, and your son can decide whether cooperating is in his interest or not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption