Just received a subpoena....
 

My former employer (owner) is in a lawsuit with the painter on the site I worked at, a $20M apartment complex. I received a subpoena from the owner for the lawsuit.

Long story short, the owner is a complete dick and treats everyone like shyt. Both employees and trades. I wouldn’t piss on him if he was on fire. The owner and painter would get in huge fights, almost coming to blows. It was crazy and I’d never seen that before at work. The owner was always threatening lawsuits with every trade and held the retainer owed to multiple subs, who don’t have the money to fight it. In general, he’s just a bad and miserable person.

The date of the deposition is the middle of the day and week. I work out of town all week and I’m not inclined to leave my job and drive two hours each way to help the owner.

I have no documents, emails, pictures, etc and don’t want to help the owner of either company, as they made my life hell for a year. I won’t make a good witness for either owner.

What are my options on the subpoena? What happens if I “forget” and don’t show up?

You may request to reschedule the deposition.

I had a client like that once. A complete azz. I can't give you any legal advice but there's no way I would go out of my way to help someone like him.

In fact, given what you posted, seems like you would be more help to the painter's side anyway.

How much notice?

Reschedule to a time more convenient to you.

I was named in a suit once, and they rescheduled 3 GD times, PITA! Then, the cut me loose in the end, and the insurance company attorney forgot to tell me, seriously. I call them the day before I am supposed to have a meeting in their office 2000 miles away. I just about lost my temper, but was frustrated by the inability to immediately slap them across the face and kick them a little. They cut me a check for my trouble, grand maybe. Went and visited friends and family with the open couple days.

Anyway to make them come to you? Like posted above, I wouldn’t go out of my way to help scum like this either. Make it, as legally as you can, as most convenient for you NOT them. Chances are VERY good his attorney is a real tool too.

They'll reschedule. You can just "not show" but run the risk that someone will file a contempt petition, although that's really unlikely in a civil case.

When I have been deposed (not that many times) it was either work related and during working hours or the attorneys came to me.

If I was deposed on a case I had no interest in I would tell them to schedule a time and place convenient to me. Which ever side they are on a hostile witness isn't much use to them.

By phone or by Skype?

Could you ring your former employer and find out what's up?

This is your reward for being fair and reasonable to deal with.

Convince the owners attorney that your memory might improve if rescheduled and at a location close to you.

The company and work was in Atlanta. The owner's lawyer has set up an appointment with a local lawyer in Charleston, SC (where I live) but I work in Bluffton, SC during the week. It's two hours each way.

The CFO did call me a few weeks ago to tell me there was a lawsuit with the painter. He wanted to know if the painter's lawyer had contacted me. After my treatment there, all I said was I don't work for them, have nothing to say and hung up.

I had a good relationship with the trades and have talked to several of them since I left. They are pissed and lost a lot of money. The owner still calls them for advise on his new project. They tell him to fuch off. The owner has burned so many bridges, I don't know how he stays in business, other than hiring new victims, that don't know his business plan. The owner ripped me off for a $5k bonus as well.

I'm going to make it as difficult as I can, legally, to have them depose me. If and when I do, they come to me and I'm not going to paint a pretty picture of either owner.

This.

Telephonic/virtual depo should be easily do-able.

Why not go and make it obvious you’d be a bad witness for either side.

I had a vendor on a $750k chiller installation who was the biggest dick I’ve ever dealt with professionally. A year or so later I hear his name on the news on Valentine’s Day so I look over at the tv and sure enough there’s his picture. Apparently he pissed off the wrong person who put a bullet between his eyes.

Advise their lawyer that you may be considered a hostile witness and ask them to drop the subpoena.

Simply reschedule the deposition at a time and place convenient for you. It happens all the time. You must comply with the subpoena but you need not comply on their terms. No big deal.

If you don't want to be called as a witness for either side, be hostile right from the beginning. Call their client regardless of whom it is an A-hole the lawyer isn't going to want to call you as a witness. When you do go to depositions your answer to every question is I don't recall. Give your name, address, position at the job etc. The answer to everything else. I don't recall. Also- the lawyer and possibly client from both sides will be at depositions. This is your opportunity to unleash on both of them free. They can not say a word back to you. Let them both hear what you have to say about them. Just like you posted above.

The purpose to depositions is to get your answers to questions that they may ask in court so they know the answer ahead of time. So they know what they can and can not use. If your answer differs that's where they can get you. But if during depositions you answer I don't recall. chances are you won't get called at all because they don't know what you will recall during court.

sneaky but I like it :cool:

Not sneaky the proper way to approach a deposition. Been there done that. But thanks for the compliment.:D

The good news is that if it's the ex-bosses lawyer, and you make them come to you, they will just bill the boss for all of that time, so you'll be increasing his bill. Reschedule several times, because I'm sure that every time you reschedule, he probably gets billed more. Give them the run around and you can run his bill up. He can't NOT pay his lawyer or they'll ring it out of him and then some.

can you tell them you aren't talking to anyone about anything unless you get your promised bonus first?