HR Management & Compliance

Testifying For Your Employer

One day at work, you receive a subpoena to give a deposition for an upcoming lawsuit against your employer. Don’t panic—just tell the truth, say the experts.

Here are some tips for sticking to your story and maintaining your cool:

  • Be prepared and know the facts thoroughly.
  • Insist that the attorney prepare you adequately before deposition and trial.
  •  Anticipate the toughest questions that you could be asked to challenge your story. Let your attorney know your answers, so that there are no surprises.
  • Stay well within your area of expertise.
  • If the opposing attorney tries to get you to agree with a point that is unfavorable to your attorney’s case and you agree with it, don’t deny it.
  • Don’t lie about anything. If an attorney asks you to remove correspondence from your file, remove it, but make note of the request. Tell the attorney that, if asked, you will say that you were told to remove it.
  • If you need more information to render an opinion, don’t give an opinion. Get the facts first or explain what assumptions you are working under.
  • Don’t believe an attorney who tells you to say anything because the case will settle, and you will never have to testify. Work under the assumption that you will be rigorously cross-examined before a jury.
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