Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 1/11/2010

Question
hi..I just got notifyed last thursday that I was needed to testify in a arbitration hearing on tuesday. I've never done this sort of thing before so not sure quite what to expect. The arbitraton is concerning a x-employee who was fired and now wanting to collect unemployment. I had talked to the boss regarding my knowledge of her skipping work and use of drugs,not doing her job prior to her being fired etc.
I wrote out a statement of what I'd told the boss a few days after my inital discussion. I was told at that time that they wouldnt tell the x employee that I had said anything to them and now my statement was sent to her so she knows what I had said..I am Honest person 100% but ive already gotten my car vandelized. I was told that this was a phone arbitration but I am worried because she knows where I live and repurcussions on my part on testifying against her :( Can you tell me why my written statement might not be good enough & why I have to futher risk my safety to testify further against her . Is it required that I attend?

Thanks
Lissa

Answer
You are required to attend because she has a right to confront and potentially discredit your account at a hearing.  Your statement is hearsay because it is an out-of-court statement which is being introduced to prove your allegations.  Since it is a one-sided account, she can ask questions regarding your knowledge.

You need to attend if you were properly served with a subpoena.  If you violate a subpoena, you have violated a court or hearing order and can be found in contempt of court.  If you have questions about your attendance, speak to your employer and speak to an attorney in your area.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.