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?

exactly-

"Hey, while you have him on the phone, where's my bonus?"

No bonus, no recall.

Good one Drcoastline.

rjp

Unfortunately no, but he can say at depositions what a piece of sheit his client his because he stiffed him. That isn't answer they want to hear, and opposing counsel will be sitting at the table to hear it. That is something he will want to hear. He can also say off the record he owes me money. The entire deposition process is not only sound reordered but transcribed by a court reporter. Everything that is said makes it into the record.

I'm sure they will want me to just answer the questions, maybe with a yes/no answer, but I plan on slipping in derogatory comments about the owner. Maybe the painter too (he owes me $100 when I rented a machine for his guys while he was out of town). I didn't need the bonus, but it typifies what kind of shyster the owner is.

I'm not a vindictive person, but the owner was real dick, who made my life hell for a year. Minimum 12 hour days and he wanted me to work Saturdays too because he made decisions months late or not at all, but still wanted it finished in a completely unrealistic time frame...Fuch that. He wanted me to punch out the units while at drywall. WTF was I supposed to punch out? I was the 5th construction manager in the first 2 months. Two more quit while I was there...one was another yelling/screaming match again with the owner.

This is the second work related deposition I've been to, but for another employer years ago. I had no involvement in what was at question.

I once saw a traffic accident right in front of me. One of many actually.
(some weaving idiot turned smack into the side of a VW in the right lane)
I stopped and gave my name/phone.
His attorney called me at 8pm later on and I recounted what happened over the phone.

You are busy, so it should be at your convenience.

Yes that is correct they want you to just answer the question. Yes/no, recount, etc. But a deposition is not a trial. So unlike a trial a judge can not hold you in contempt. How ever if you do answer a question and at trial your answer differs you may be committing perjury. The process of questioning is similar to court. Both attorneys will be present and maybe their clients and you have the right to an attorney if you choose. I am sure you have seen a senate hearing on TV. They are very similar to a deposition. The Comey hearing is a perfect example. R= attorney on one side, D= attorney on the other. A senator asks a question and Comey said what ever he wanted about things that had zero relevance to the question. He got in what he wanted, but never answers the question. Then you see the senator jump in to try and stop the answer because it isn't what they want to hear. When he didn't want to answer he replied I do not recall, I don't remember, etc. The attorney will do the same to you. Just keep talking. If he/she isn't getting what they want to hear they will stop the deposition. Of course both sides have the right to depose you. So you may get called a second time. Unless they agree and you agree to be deposed at the same time. Maybe one hour each.

If they ask a question and you don't want to answer it. Your answer is I don't recall, I don't remember, etc.

Thanks, Dr.

I will not lie, but I'll also add my 2 cents in where I can.

Some good advice here, and lotsa bad.

Do not ignore a subpoena. Simply ask to reschedule. Do NOT claim you don't know stuff that you know. Answer the questions truthfully, give the shortest answers possible (yes and no) without embellishment. Don't be cute or dickish to the questioner--just do your civic duty toward peaceful resolution of a dispute, then go live your life.

UPDATE 11/6/18.

Well, I just got a voicemail from the owner’s lawyer that the deposition has been cancelled.

I’ve been getting texts, voicemails, etc. the last several days asking if I was showing up to the deposition tomorrow. Any contact from an Atlanta area code has been ignored.

I hope Charlie and company gets in the shorts. It’ll be well deserved.

Typical lawyer games.

Deposition tomorrow is cancelled today?

"I am sorry, but I will need to be compensated for loss of income due to short notice on cancellation."

You CAN NOT ignore a court ordered subpoena, whether civil, criminal, or IRS. I was in M&A for 25 years. M&A deals go bad all the time, often ending in civil lawsuits or even criminal fraud cases (related to disclosures mostly). I was called to deposition or subpoenaed four times. Once by the IRS criminal division for a tax fraud case :eek: I've never been "party" or named to a lawsuit, only called to act as witness or give testimony...Same as you.

My advice would be to try to get it moved to Bluffton or Beaufort and postpone it if possible. Both times that I was able to postpone and relocate the deposition the cases proceeded far enough along over the postponement that I wasn't needed in the end (e.g. the IRS case thankfully).

Serious advice here...If or when you do have to make a statement or interview, JUST TELL THE TRUTH. Stay completely impartial and only answer the question the ask directly. Do not elaborate beyond a direct answer and NEVER give an opinion or make an assumption.

Edited for spelling.

Craig, it was cancelled, not because I didn’t respond to them, but maybe some other reason. Perhaps they settled. I’ll have to ask around.

Here’s a transcript of the vm:

“Mr. Rocket, my name is Rich xxxx and you received a subpoena from _⁠_⁠_⁠_ for a deposition tomorrow regarding xxxxx properties and xxxxx. The deposition is canceled. We do not need you to appear. If you could please call me back to confirm you receive this message and I'm available _⁠_ you can just leave a voicemail for May but want to make sure we got to you so you didn't have to skip work and go tomorrow 404-xxx-xxxx Rich _⁠_⁠_⁠_⁠_⁠_⁠_⁠_ thank you…”

I appreciate everyone’s input.

Who knows...It might rear it’s ugly head again.

Excellent! That's the best possible outcome:D

A930Rocket,

Not sure if you gave deps or if case has been settled? But Coemy's closed door testimony the other day revealed he stated

I don't know 156 times, I don't remember 72 times, I don't recall 8 times.

^^^^ I did this several years ago when I was called to a deposition. Perhaps CAlaw- but when I told them it was inconvienet for me to travel for deposition- they came to me.

My suggestion - dodn't say anything you will regret or don't want made public. If the owner is a dummy or worse, everyone knows it. Better to say he wasn't a nice person to others.

In my early 20's had an ex-boss, who met the exact same fate.
Real swindler, I quit because I knew what he was asking (ordering) me to do was illegal, copyright infringement. Two years later he was raided and my replacement was charged for what I refused to do.
Couple years after that the boss was shot in the head, through the car window just after pulling into his driveway. Never solved, total smell of a pro hit.

Perfect outcome.

The "I don't recall" advice is good, to a degree, from my perspective (I am not an attorney). If you are certain of the answer, then great. Give it. Do not guess. Do not opine. Memories are fallible. All hearings involve conflicting testimony. Somebody is mischaracterizing or lying or mis-remembering. Make sure it is not you. "I don't recall" is the proper response unless you are absolutely certain of the correct answer. Answers should always be as brief as possible.

Best possible outcome is for this to be canceled.

But if you ever get called back, if the attorneys and court reporter can't come to you, then they can arrange for deposition via telephone. It's you and the local court reporter, and the attorney(s) are on speaker phone conference call.

Wow, sounds like you worked for Donald Trump. ;)

It was cancelled, but I'll remember what Comey said!