What can be done to stop youremployer from citing you as a hearsay witness regarding a co-worker’s compensation claim?

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What can be done to stop youremployer from citing you as a hearsay witness regarding a co-worker’s compensation claim?

My supervisor wrote a letter to a workers comp case judge, using my name  and others) without permission to supplement her argument against an ex-employee who filed a suit against her and the company. I disagree with her using my name without asking me my permission. Is there any advice you can give me?

Asked on August 12, 2011 Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing you can do.

1) There is nothing preventing any party to a legal or administrative action from listing or identifying people who may have knowledge of the situation. This is perfectly legal and, in fact, is a foundation of our legal system--identifying those with relevant knowledge, to provide testimony.

2) There are mechanisms to compel you to testify, such as a subpoena, if one or another party to the action wants you to. You can sometimes fight being called, if you can show that you don't truly have anything useful to add, but if you do have useful information, it's unlikely you could avoid testifying if the parties want you to.

It's understandable why you're not happy about this, but it's not something, unfortunately, you can do anythign about.


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