Do I have to testify for an employee who the owner sexually harassed?
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Do I have to testify for an employee who the owner sexually harassed?
I work at a motel. The owner is charged with sexual battery of an employee. I’m also an employee; if I’m
subpoenaed do I have to testify?
Asked on February 19, 2019 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If not subpoenaed (e.g. only "asked"), you would not have to testify. BUT if subpoenaed, you must testify on pain on of "contempt of court"--that is, of potentially being fined by the court or even imprisoned. The only grounds (for all practical purposes; there are some other rare exceptions that might apply in limited cases) are:
1) You testimony might incriminate you of a crime.
2) You are married to the person you are testifying about.
3) The testimony would be of something your attorney only (and not other person) said to or told you (and not which you perceived with your own senses)--i.e. attorney-client privilege.
Otherwise, if subpoenaed, you will have to testify, and not wanting to testify against your own employer is not grounds to refuse.
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