Former Employer in Court

[baezm]

A little over two years ago I worked as an Accounts Receivable clerk for a hotel. We had an ongoing direct billing account with a major airline, and one particular manager/employee of this airline stayed in our hotel for a few nights. Upon departure, an alarm clock was missing from her hotel room. The hotel had a separate account for incidentals for this airline, wherein we billed the company for unpaid incidental charges. It was my understanding to always bill the airlines for these things, and when this particular incident happened, I was told by my Controller to bill them for the alarm clock. I went through with the procedure, even having back-up reports from housekeeping to show that the clock was missing upon her departure. The airline employee apparently sued the hotel for defamation because she was fired from her job (I do not know if it was for this incident or not, she alleges that it was). I received a phone call this afternoon from my former general manager and the hotel's lawyer, asking me to sign an affidavit based on the factual statement that I had written when the incident occured. I have not worked for this company since October 2005, and this incident happened sometime in that year. I do not remember any details of the scenario since it was so long ago, and am not comfortable singing an affidavit, simply for the reason that I am not sure what I would be getting myself into. Does anyone have any advice on this situation?

 

[Rishiku]

I am not a lawyer this is just my advice

I would read it over and if it all appers to say exactly what you just said then yes sign it. Your manager isn't going to get you into trouble I assume. If you and him left on good terms and you read the paper and it says close to what you just said I would sign it.

 

[baezm]

The only reason I do not want to sign it is for liability reasons. The woman that is suing lives in Arkansas and we are in Texas. The hotel lawyer says that they are trying to stop the case based on state reasons, that she cannot sue from one state when we are in another. I assume this is true, but if that is so, I do not know why they need an affidavit from me. I do not want to sign an affidavit and have the entire thing placed on me, and have this woman sue me for defamation.

 

[cbg]

Take the affidavit to an attorney of your choosing and ask him/her what, if any, liability it would leave you with.