(Closed) Need your advice (legal if possible) about a depo

posted 8 years ago in Legal
Post # 3
Member
8354 posts
Bumble Beekeeper
  • Wedding: March 2011

I can’t give you legal advice, but I have worked for several lawyers and sat in on a couple of despositions. The best advice I can offer you is to just answer each question honestly. You are not required to volunteer any additional information. Keep your answers short and to the point.

Post # 4
Member
769 posts
Busy bee
  • Wedding: March 2010

I’m assuming you’ll meet with your company’s lawyer first, right?  That’s what usually happens.  Or if there’s a conflict, your company probably will hire a lawyer for you.  I would be shocked if they send you in there yourself.  Do you work for a very small company or something?

Post # 5
Member
11327 posts
Sugar Beekeeper
  • Wedding: February 2011

your company should send a lawyer to go with you. technically they shouldn’t be able to fire you for being honest… but realistically if there are financial issues you could be downsized and not be able to prove anything. you have to tell the truth (you’ll be under oath and lying would be a BAD idea), but if i were you i’d not offer extra info. 

Post # 6
Member
446 posts
Helper bee
  • Wedding: July 2011

Yes, your company should have a lawyer there with you, but please note this: the lawyer does not represent YOU, the lawyer represents the company.  So basically, you cannot tell the lawyer anything in confidence that you wouldnt want the company to know. 

They can’t fire you for being honest, they can fire you if your breached company procedures or something like that.  

Good luck and follow the other bees advice — just be honest and just answer the question — that’s it. 

Post # 7
Member
439 posts
Helper bee

Ditto everyone else who said do not lie.  You could end up with a perjury charge if you lie.  Perjury is a felony here, but I don’t know about everywhere else.

What you talk about really depends on who is deposing you.  Is the company deposing you?  Is it the side suing your company?

One thing we told our clients at the firm I worked at this summer was to be honest but brief.  Do not give any additional information that isn’t requested of you.  But in some situations, it is better to give additional information (like if you’re talking about what injuries you have suffered as the result of an accident or something).

Your company should provide you with an attorney to sit with you and prep you a bit beforehand.  If it’s the other side deposing you, I would be really surprised if your boss would even allow you to be in there without an attorney present.

Post # 8
Member
5494 posts
Bee Keeper
  • Wedding: August 2011

ditto what everyone else said about being truthful but brief and not offering any unnecessary information.  

My question is, do you have some sort of damaging information about your company?  If not, what could you possibly give up that would cause them to fire you?

 

Post # 9
Member
4415 posts
Honey bee
  • Wedding: December 2010

There is a law called the Whistleblower law that prevents them from retaliating against you for participating in a deposition or any other fact-finding proceeding.  If they let you go before or after the deposition, they have to be able to prove that their decision had nothing to do with you participation in the investigation.

Post # 10
Member
2589 posts
Sugar bee
  • Wedding: February 2014

I had to give a depo a few years ago, and I second what others have said–keep it short and simple. Do not offer any extra information. Also, it’s a fact-finder–no retaliation allowed.

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