Hopping mad right now
It is 4:45am. I'm still fuming, I've been unable to sleep all night.
Shortly before 5pm yesterday (Friday), I was served with a subpoena to testify in a civil trial on behalf of my former employer. This would not be a big deal, and normally I'd be happy to do it (we left on very good terms), but I'm scheduled to testify in a week.
I know for a fact that the attorney has known about this trial date for months. When the attorney called me by telephone and asked me if I remembered the facts of the case, I indicated that I did. This was back in August. I also remember specifically telling the attorney to give me as much notice as possible, as I was then very active in my job search while finishing up graduate school, and I wanted to give as much notice as possible to my new employer, whoever that might be.
As it turns out, I have an extremely important out-of-state business meeting on the date that I am supposed to testify. I am very new to this job (I've been employed an entire month) and I'm expected to head up this meeting on behalf of my company. I have been preparing for the last week to do this task, nobody else at the company is prepared, and we're a small company -- there's no one else who can just give up their schedule with no notice and step in to take over.
On top of that, I have a sneaky suspicion that if I tell my boss that I have to leave him high and dry, I could find myself looking for employment elsewhere. I've worked too hard for too long to get this position, my wife is now in school, and sudden unemployment would spell financial disaster for us.
Naturally, I immediately attempted to telephone the attorney or his paralegal, but since the process server hit me so late in the afternoon, their office was closed.
I've sent an e-mail to the attorney and his paralegal, outlining my outrage over the lack of timely notification, and included a copy of my airline tickets showing that I'm schedule to be out of town. I also offered to give a deposition prior to my leaving town, but stated in no uncertain terms that my missing my out-of-state business meeting is non-negotiable.
To add insult to injury, the notice included a $35 check for my "time and expense." $35 doesn't even cover the gas and parking to get to and from the courthouse (140 miles round trip through Denver and Colorado Springs rush hours both ways). Moreover, I'm not sure who earns $4.37/hour, but if they're expecting me there 8 hours, I expect to be compensated appropriately. I mentioned in my e-mail to them that $35 won't cover my "time and expense."
If the attorney is trying to convert a friendly witness to a hostile one, he is doing a good job.
We'll see what happens on Monday. Meanwhile, what I didn't have time for this week was to find my own lawyer to figure out what my rights are, and how I can continue on my very important business trip.
Poor planning on the law firm's part shouldn't create an emergency on my part.
Shortly before 5pm yesterday (Friday), I was served with a subpoena to testify in a civil trial on behalf of my former employer. This would not be a big deal, and normally I'd be happy to do it (we left on very good terms), but I'm scheduled to testify in a week.
I know for a fact that the attorney has known about this trial date for months. When the attorney called me by telephone and asked me if I remembered the facts of the case, I indicated that I did. This was back in August. I also remember specifically telling the attorney to give me as much notice as possible, as I was then very active in my job search while finishing up graduate school, and I wanted to give as much notice as possible to my new employer, whoever that might be.
As it turns out, I have an extremely important out-of-state business meeting on the date that I am supposed to testify. I am very new to this job (I've been employed an entire month) and I'm expected to head up this meeting on behalf of my company. I have been preparing for the last week to do this task, nobody else at the company is prepared, and we're a small company -- there's no one else who can just give up their schedule with no notice and step in to take over.
On top of that, I have a sneaky suspicion that if I tell my boss that I have to leave him high and dry, I could find myself looking for employment elsewhere. I've worked too hard for too long to get this position, my wife is now in school, and sudden unemployment would spell financial disaster for us.
Naturally, I immediately attempted to telephone the attorney or his paralegal, but since the process server hit me so late in the afternoon, their office was closed.
I've sent an e-mail to the attorney and his paralegal, outlining my outrage over the lack of timely notification, and included a copy of my airline tickets showing that I'm schedule to be out of town. I also offered to give a deposition prior to my leaving town, but stated in no uncertain terms that my missing my out-of-state business meeting is non-negotiable.
To add insult to injury, the notice included a $35 check for my "time and expense." $35 doesn't even cover the gas and parking to get to and from the courthouse (140 miles round trip through Denver and Colorado Springs rush hours both ways). Moreover, I'm not sure who earns $4.37/hour, but if they're expecting me there 8 hours, I expect to be compensated appropriately. I mentioned in my e-mail to them that $35 won't cover my "time and expense."
If the attorney is trying to convert a friendly witness to a hostile one, he is doing a good job.
We'll see what happens on Monday. Meanwhile, what I didn't have time for this week was to find my own lawyer to figure out what my rights are, and how I can continue on my very important business trip.
Poor planning on the law firm's part shouldn't create an emergency on my part.
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it's probably to his advantage and that lawyer doesn't give a rat's ass about you. even if he says he does. 0 -
quote:Originally posted by buschmaster
it's probably to his advantage and that lawyer doesn't give a rat's ass about you. even if he says he does.
I can't imagine how pi$$ing me off can possibly create an advantage to the lawyer. All it could possibly do is turn me from a friendly witness to a hostile one.
I know the lawyer doesn't give a rat's ass about me. Guess what? I don't give a rat's ass about him or his case, either.
I care about me and my career, and keeping my job.0 -
the court system thinks everyone should cater to them. i hate it. meanwhile your job is in jepordy. hope you can fix it. worst case send the lawyer a certified letter stating you can't and hope he isn't a ass or you'll be in contempt of court...bad deal[V][:(!] 0 -
maybe to keep you from getting off the hook somehow?
I agree, that's one good way to tee somebody off.0 -
quote:Originally posted by buschmaster
maybe to keep you from getting off the hook somehow?
I agree, that's one good way to tee somebody off.
Getting me off the hook? I'm not on the hook. I'm not the one being sued. My ex-employer is.0 -
tell that lawyer your old boss is a asshat and you hate him. he'll excuse you i bet 0 -
quote:Originally posted by tomahawk
tell that lawyer your old boss is a asshat and you hate him. he'll excuse you i bet
Wish I could do that. Unfortunately, back in August, I told the lawyer that I left the company on good terms and was friendly with my ex-supervisor (who is a personal friend).
I have no idea how to find a good attorney on no notice who I can meet with immediately, let alone how to pay for him or her.0 -
It is not likely that you will be excused from testifying. Your best bet is to talk with you current employer and try to make something work. Not that it helps, but your new employer cannot "legally" fire you or take any negative action due to your subpeona obligations. That's not to say he won't! But if he did, certainly you could nail him to the wall. Again, not that that would really help.
This is a bad situation for you and I wish you the best.0 -
quote:Originally posted by slipgate
It is not likely that you will be excused from testifying. Your best bet is to talk with you current employer and try to make something work. Not that it helps, but your new employer cannot "legally" fire you or take any negative action due to your subpeona obligations. That's not to say he won't! But if he did, certainly you could nail him to the wall. Again, not that that would really help.
This is a bad situation for you and I wish you the best.
I don't want to nail him to the wall. I like my new employer. I love my new job.
$35 does not reimburse my company for the $400 airfare that it has paid to fly me out and back for my meeting. It also does not cover the cost of uprooting my entire firm so that they can figure out, on a week's notice, how to find someone else to handle this meeting. This meeting is not just some casual meeting, this meeting could potentially cost my company a ton of money.
I don't know how that could not possibly negatively impact my position with my company. I'm a *&^%ing vice president, these jobs aren't exactly easy to obtain.
Again, this lawyer knew, at least in August, of the trial date. To send me a subpoena a week before the trial is inexcusable. There is no reason or excuse that a subpoena couldn't be sent out in August. I understand the importance of having people testify in cases. What I don't understand, and I won't accept, is uprooting someone's life at the last minute, with no notice, for something that is NOT an emergency.
This is poor planning on the attorney's part.
Should I really have to uproot my life, I can guarantee this will become an emergency on his part as well.0 -
...$35 whole dollars huh? I used to charge over a $100 an hour as an expert witness, ahhh,the good days. There should be some way you can get out of it due to a personal conflict, call your attorney, that's what they're for....[;)] 
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I will say if your new employer fires you cause you went to court go see an Attorney on that !! Show your employer the subpeana and let it go at that. Ask your employer if you can update another employee and let them do what you were going to do. You have no choice but to show up for court and your employer cannot fire you because you have to go. BTW the subpeana was issued by the court. I bet a notice was sent to the opposing party who the witnesses are. I am thinking the Judge would have to release you from the hearing. Not a chance. 0 -
quote:Originally posted by COLT
...$35 whole dollars huh? I used to charge over a $100 an hour as an expert witness, ahhh,the good days. There should be some way you can get out of it due to a personal conflict, call your attorney, that's what they're for....[;)]
I have to find an attorney. I don't have one.
I need to figure out how I can find a GOOD one, meet with him or her on Monday, and get this straightened out.
This is insane.0 -
quote:Originally posted by select-fire
I will say if your new employer fires you cause you went to court go see an Attorney on that !! Show your employer the subpeana and let it go at that. Ask your employer if you can update another employee and let them do what you were going to do. You have no choice but to show up for court and your employer cannot fire you because you have to go.
My company has a whopping 11 employees. There's the president of the company, who has his own schedule and meetings, and then there's me, the VP of the company.
There is nobody else qualified to handle this meeting. They're production workers and clerical staff. This is a high-level meeting with a potentially HUGE new client.
Again, if I had received a reasonable amount of notice, this wouldn't even be an issue. The attorney knew about this trial date a long time ago. To assume that I am doing nothing but sitting on my ass waiting for something to do is completely uncalled for.0 -
quote:Originally posted by select-fire
BTW the subpeana was issued by the court.
No, it isn't. It is issued by the attorney on behalf of the court.0 -
ask mateo, he'll know what to do, maybe he can supeona you to be at your meeting[:D]..i got supeonaed once, didnt go and got fined 100.00 and court cost[8D] 0 -
leave a message and an email to the attorney that there is no way you can make that date and let him worry about a new one also tell him that you need more expense money. don't give any options. 0 -
This a no brainer, when nothing else looks good, go with the bread and butter! 0 -
Contact the court and respectfully ask for a rescheduling. Site your reasons. As to reimbursement... Ask for reasonable expenses.
Or... Tell 'em to piss in their hat and expect to pay the consequences.
Or... In addition to my first suggestion, you might inform the attorneys and judge that circumstances beyond your control (job search, pressure, family, travel, lack of sleep, etc.) have caused what you suspect is a blurring of your memory. This having been brought to your attention by a friend or associate.
At times you find that certain events seem to fade into each other and that you're now unsure of anything not memorialized in written or electronic form. Further, I'd share that unless this "condition" subsides, you're considering seeking help sometime in the future.
I'd author such a statement making sure you convey this as merely a feeling, not a medical condition, and that you're not confident of an ability to accurately and honestly relate historical events. Have it notarized and send a copy to all interested parties.
I have a feeling that this will invalidate any potential usefulness for you on the part of the court as they already will know the best they can expect from you is "Honestly, sir, I don't feel that I can accurately remember". If pressed, you may remind them that you realize that you're under oath and will not make a statement you're unsure of.
And I'd be unsure of absolutely everything including my birth date and the color of my car![}:)] The message being that two can play this game, but that there's not much they can do about it.
Someone will be smart enough to flinch. If not, then hit the "erase" button and become confused. That long trip, the lack of reimbursement, and the potential loss of your new job just added to the situation.
By the way... Your new boss may have noticed this. Perhaps he'd be willing to express his concern for your welfare and point out that he really needs "all of you", not a part of you.[;)]
Catch my drift?0 -
Ask for a continuance. 0 -
The company you work for, even though it is small, must have legal resources if not on staff on retainer. Since the issuance of the subpoena directly impacts your company's business, perhaps you can seek legal advice and services through your company. 0 -
Spaniels,.........I could try to call my corporate attorney, as I have his cell phone number.
The unfortunate part would be, what he said would have no legal basis for you to stand on.
It would just be his opinion as to what your rights are, and they may vary from state to state.
Mateo would be in the same boat, unless it is very simple to take care of.0 -
I got in touch, using martindale.com, with one of the law firm's associates. I explained the urgency of the matter, and the associate suggested that he had no way to contact the attorney after hours (I find that extremely difficult to believe).
I also sent him an e-mail. I've also gone through the Denver telephone directory and attempted to call every person with the same name (thankfully there were only six of them), but none claimed to be the attorney with the same name.
I just e-mailed my boss, explained the situation, and am hoping for the best right now.0 -
Great.
I just found out some things:
1. My expenses, under Colorado law, don't have to be "reasonable." They merely have to fit into Colorado law. $34.50 is considered fitting under Colorado law.
2. Unless the lawyer excuses me, I will have to appear and testify. If I do not, I subject myself to contempt charges and a warrant will appear for my arrest. I've never been in trouble with the law before, so I have no desire to do this.
3. My company is likely screwed as far as the cost spent on my airfare. They won't be happy with that. It is also not the Court's problem that my company did not plan for this contingency. So, apparently the attorney's lack of planning most certainly does constitute an emergency on my behalf.
4. It is too late to take my deposition, as the plaintiff won't have time to cross-examine me. Forget, of course, that my time is worthless. Apparently witnesses have less rights than plaintiffs. Their time and schedule matters. Mine does not.
5. I have been informed that becoming a hostile witness would be an exceedingly poor idea on my part. I could be charged with perjury if I do not do everything willingly.
Hopping mad no longer describes how I'm feeling.0 -
Man,.........does that suck![xx(] 0 -
tell him your memory is getting very shakey,..as a matter of fact, lots of the things you thought you witnessed are now very unclear to non memorable. Once he thinks you are gonna sink his case,..I bet HE finds a way to get you a new date. Let him know his chances are fading quickly,..and to let you know the NEW court date. 0 -
The lawyer can postpone the hearing "unavailability of the Witness" Or you yourself notify the court that it is impossible for you to show on that particular date..Or make a written deposition where you can testify in Absentia... 0 -
Contact the court and explain the situation. If it's a good judge, he will reschedule your testimony so it won't affect your job. 0 -
Lots of options, so don't get all overheated just yet.
1. Reschedule the meeting?
2. Contact the lawyer and see if you can work out a deposition prior to the court date?
3. Explain to the lawyer what a huge problem it is, and see if he can re-schedule based on your circumstances.
4. Contact the court and explain to them what a problem it is.
5. Get a lawyer to contact the lawyer or the court.
Take the rest of the weekend off and work on that Monday. Yep, it was a bad move on the attorney's part, and it would have been nice to talk to him on Friday, but Friday is over and Monday is coming. Take a deep breath.0 -
quote:Originally posted by spanielsells
quote:Originally posted by buschmaster
it's probably to his advantage and that lawyer doesn't give a rat's ass about you. even if he says he does.
I can't imagine how pi$$ing me off can possibly create an advantage to the lawyer. All it could possibly do is turn me from a friendly witness to a hostile one.
I know the lawyer doesn't give a rat's ass about me. Guess what? I don't give a rat's ass about him or his case, either.
I care about me and my career, and keeping my job.
You certainly have my sympathy and I would feel the same as you if in your situation. But most lawyers don't really care if the true facts come from a hostile or friendly witness. I believe that most honest legal professionals feel that true facts should prevail in a courtroom and hostility or friendliness should have no bearing,.0 -
I'd just shine it on, and go to my meeting.
Talk to your boss about the company paying any fine.
I would quit worrying about it - NOW.
Doug0
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