1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Human Resource releasing a statement they said would be private due to lawsuit

Discussion in 'Human Resources' started by KatieJ7103, Aug 20, 2019.

  1. KatieJ7103

    KatieJ7103 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Virginia
    My previous manager was fired due to a hippa violation involving another co-workers medical records. Our human resource department contacted me and asked me for a statement on what I had seen or heard in our office. They asked me to come in after hours so no one would see me to talk. I went and talked to them where they promised no one would ever know they talked to me or what I had said. They asked me to send a written statement later that week and I did. The manager that was fired has now filled a lawsuit against the company for wrongful termination. The attorney for the company has let me know I will be called witness to be questioned at the trial. I asked if my statements had been released to the manager that was fired along with their attorney and he said yes we had to give them what we had. If I was promised it would stay confidential where does that leave me? Is this legal?
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,596
    Likes Received:
    4,892
    Trophy Points:
    113

    As a witness who will be summoned to appear in court to testify to what you know about the person in question.

    Your time to have said, "I know nothing, I saw nothing, I heard nothing." passed when you agreed to spill your guts.

    The promise wasn't broken.

    The lawsuit requires you now potentially testify in court under oath.

    I suggest you tell the truth, the whole truth, and nothing but the truth.

    You bet your sweet bippy it is legal.
     
    hrforme likes this.
  3. KatieJ7103

    KatieJ7103 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Thank you. Right is right and wrong is wrong and I only told the truth. I don't mind to testify but was curious about the promises they had made. I appreciate your help.
     
  4. army judge

    army judge Super Moderator

    Messages:
    32,596
    Likes Received:
    4,892
    Trophy Points:
    113


    Your employer kept their promises.

    The person who was terminated created the kerfuffle by filing a lawsuit.

    You might NOT have to testify if the alleged wrongdoer sees the error of his ways and realizes he won't prevail in court.

    Most of the time, however, these lawsuits are settled out of court or withdrawn by the plaintiff before the matter ever gets to trial.

    In fact, you might only be deposed under oath out of court, and never have to see the insides of a courtroom.

    The good news for you is that you will be paid by your employer for the time it takes you away from your work duties, as well as any travel expenses you incur.

    I commend your attitude, citizenship, and honesty regarding this matter.

    I suggest you simply enjoy the ride.
     
    hrforme likes this.
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,877
    Likes Received:
    928
    Trophy Points:
    113

    I don't really understand this question. It doesn't "leave you" anywhere.

    Yes. The law obligates parties to a lawsuit to identify witnesses who may have relevant knowledge and to turn over evidence to each other. Not that it should have made any difference, but the "promise" that "no one would ever know [that you] talked to [HR] or what [you] had said" was not one that your employer was capable of keeping in the event of litigation (and I'd be willing to bet that, if we could ask the person who made this "promise," he/she would say that the intent was only to keep the statement confidential as to other, current employees).

    It's also worth noting that the concept of a "promise" has no real meaning in the law unless that promise is accompanied by an exchange of consideration (and, even then, litigation disclosure requirements make it such that some promises cannot legally be kept).
     
    hrforme likes this.

Share This Page