Former employer threatening to sue

Discussion in 'Employment, Labor, Work Issues' started by rachel8010, Feb 12, 2013.

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  1. rachel8010

    rachel8010 Law Topic Starter New Member

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    My former employer of 2 years ago is threatening to sue me if I do not give a statement (now a deposition) to his attorney, that he was not aware of a tax situation regarding another state from 3 or 4 years ago. The company did some work in another state, and tax forms were sent to the office. The owner was away a lot(usually with his girlfriend/while he was married), I was the office manager, and signed for the letter(s) from the other state tax office. I was also in and out of treatments from a cancer diagnosis. At this time I have no idea what he was aware of and not aware of. He has since been sued for thousands of dollars in past tax payments, and is telling me he wants a statement from me that he knew nothing of the situations or he will sue me for fraud. My former employer's attorney contacted me today by email that he wants me in his office in the next few days to give a deposition that my former employer knew nothing about the tax situation and in return my former employer will promise not to sue me for fraud for anything I say. I left that employment when I was re-diagnosed with more cancer 2 years ago.
    Can he sue me?
    Can his attorney force me to give a deposition?
    Do I have any recourse against my former employer for these threats?
     
  2. army judge

    army judge Super Moderator

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    You should consult an attorney in your county about this situation.

    That said, here are some general things that might help you.

    No, a mere lawyer can't compel you to to give a deposition.

    However, that lawyer can request the court order you to appear to be deposed.

    However, no one can force you say anything.

    No one can compel you to say something you don't recall.

    No one can force you to incriminate yourself.

    Bottom line, you could appear and simply say, you don't remember the things they want you to say.

    About the former boss and his dalliances, say nothing about that, either.

    ANYONE CAN SUE ANY PERSON THEY DESIRE.

    That said, I think he's saying he'll have his order seeka court order requiring you to be deposed.

    If you are served, they'll have to find you first. you can appear and have no recollection of anything.

    If asked about signing for a letter, sure, you signed for many letters.

    No one can say that you knew the contents of any letter or package.

    The fact that you were undergoing cancer treatments, and having medical problems, serves to support your lack of recollection of certain (or all) events.
     
  3. rachel8010

    rachel8010 Law Topic Starter New Member

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    Thank you for the reply and helpful information.
     
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