What are my rights if my employer is the defendant in an EEOC lawsuit and I’m being subpoenaed to testify?

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What are my rights if my employer is the defendant in an EEOC lawsuit and I’m being subpoenaed to testify?

I am going to be subpoenaed by my former co-workers and asked to testify on things that I witnessed. My employer wants me to meet with their lawyers before the trial to find out what I know and possibly try to intimidate me. If I refuse, can they fire me?

Asked on October 30, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They cannot fire you because the don't like what you are going to say, and they can't threaten, intimidate, etc. you to lie or change your testimony. (If they try to, contact the EEOC.) They can ask you to speak with their lawyers unless there is a court order to the contrary and terminate you if you refuse to meet, or if you lie to them about what you know, saw, or will say.


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