Strange legal tactics......

[JJFlash]

What is the name of your state? Oregon

I am a Union Steward in a State agency. For the last 7 years, I have been fighting for a particular employee who has a serious FMLA covered illness. Management has tried repeatedly to get rid of this employee, but I've been able to keep them at bay so far. It finally reached the point where I packed up all 7 years of my paperwork (documents, grievances, emails etc) and took this employee to see a Lawyer. The employee's lawyer filed a lawsuit and trial is scheduled to begin next week.

Depositions have come and gone, so their legal team (Oregon Department of Justice) can't depose anyone else. Discovery is over as well. The timeline to submit new evidence is over.

Here's the strange part

DOJ wants to interview employees here.....several employees don't want to speak with DOJ. Management initially would not direct employees to cooperate with DOJ, but has since directed employees to answer DOJ's questions or face disciplinary action "up to and including dismissal". Some of the employees are on the Plaintiff's witness list. Union representation is forbidden. Employees are to be taken into a room (alone) to be questioned by 2 DOJ lawyers. Also in the room is a DOJ "investigator". I believe that the investigator will serve as a witness for DOJ if needed, to tell what went on in said meeting. No audio recording devices are allowed. Management thinks that DOJ can demand answers to any question they ask. I disagree......Because the employees are being directed to cooperate under threat of dismissal, DOJ personnel carry no more authority than a manager would if THEY were conducting the interview. I.E.: the same rules apply.

Some employees have already been questioned. Some have been interviewed more than once. Some are being asked questions that a manager would get in trouble for asking. Some have been asked about protected union communications between myself and members. I realize that DOJ is out to destroy me (I am one of the witnesses for the plaintiff), but aren't they crossing the line?? If we didn't work for the state they couldn't force us (without depositions) to speak with them. Is any of this legal?? If I am on the plaintiff's witness list and the employer threatens my job if I refuse to cooperate with THEIR lawyers, isn't that witness intimidation??