I got deposed for name calling can i ignore it

[defendmyself]

What is the name of your state (only U.S. law)? NJ

About 2 years ago, our company started using temporary employees. They hired about 5 ladies in a group at one time. There was this one who was so annoying and seemed kinda off so I just did my best to avoid her but there was something about her that I just didn't like. Anyway, this one day as I was leaving for work, she was near my desk filing documents, the very next day I come in and I find that she left the filing cabinet door open and never shut it. So I immediately went to my supervisor and told my supervisor about what she did. My supervisior said she will take care of it. Well I am ready to go to lunch and its been about 4 hours and I've been waiting for her to close it but she never comes and closes the cabinet so I'm annoyed at this point and go to her desk and inform her that she needs to close the cabinet. She starts yelling at me for no reason and says that she is not taking any crap from me and just because she is a temp doesn't give me the right to boss her around. We get into a tiny pissing match and I tell her that she is crazy and I don't have time for her. She just lost it after that and went crying to HR and reported me to upper management and filed internal complaints. But the joke was on her cause my company fired her after she went to civil rights and filed a complaint with the eeoc. Since I was in a union they couldn't fire me right away but I was facing disciplinary charges but found another job in 3 weeks and forgot all about it the incident and moved on with my life. Fast forward to today, I got a notice to take deposition. Like for real, this girl needs to just move on, I am not a party to the lawsuit just a potential witness so I can't say I know all the facts but I spoke to a former co-worker and have some basic information about her.

1. Story is that the girl was in and out of mental hospitals for the past 20 years. (so this proves I was right about her being off)
2. Temp agency and my former company is being sued for disabilty discrimination, and retaliation all because I called her crazy.
3 She was only with the company for 6 months when this happened and it wasn't very smart of her to complain over nothing because I heard she is now collecting welfare and food stamps. Just a another sponge looking for a free ride.

But back to my question, Do I need a lawyer for this? What are the consequences If I just don't show up and say I don't remember it was TWO years ago. I was in a Union at the time but since I am no longer employed by the company are they still obligated to defend me. IT's been TWO years, she should have moved on by now. I certaintly forgot all about her until today. It's amazing how people can sue for anything.

I just think she is exaggerating all of this and looking for attention and a payout since she don't really want to work and wants to use mental illness as an excuse to get welfare obviously. anyone who acted the way she did so unprofessionally. belongs in a hospital.

 

[adjusterjack]

I got a notice to take deposition

You've explained everything except the important item.

What kind of notice? What did it say?

If it was a subpoena you could be held in contempt if you don't comply.

If it wasn't a subpoena you might be able to safely ignore it.

Details count.

 

[defendmyself]

You've explained everything except the important item.

What kind of notice? What did it say?

If it was a subpoena you could be held in contempt if you don't comply.

If it wasn't a subpoena you might be able to safely ignore it.

Details count.

It is not a subpoena but it says NOtice to take oral deposition on November xx, so since its not a subpoena I can ignore it. It came regular mail not certified or anything. If she wins against my employer can my employer sue me even though I left that company.

 

[quincy]

It is not a subpoena but it says NOtice to take oral deposition on November xx, so since its not a subpoena I can ignore it. It came regular mail not certified or anything. If she wins against my employer can my employer sue me even though I left that company.

Do you know who has you listed as a witness?

There are subpoenas that are issued by a court and signed by a judge and these subpoenas you cannot ignore. You must appear or risk incurring the wrath of the court.

There are also "deposition subpoenas" that are issued and signed by an attorney instead of a judge. You cannot ignore these either. If you refuse to appear for the deposition, the attorney can have the judge order you to appear in court to explain your refusal.

If the notice is not a subpoena (and you really need to make sure whether it is or not), there are no legal ramifications for you if you refuse to be deposed.

That said, if a party believes you might have knowledge that could be important to the case, the party who sent you the notice (request) can always get a subpoena commanding you appear for a deposition. In other words, you refusing now to appear for a deposition may only result in a delay.

Here is a link to the Federal Rules of Civil Procedure on Depositions:

https://www.law.cornell.edu/rules/frcp/title_V

If you are not a party to the action, you should find out if you will be represented by the attorney who has you listed as a witness or if you should have your own attorney (at their expense). If you are not a party to the action, you can ask that your needs are accommodated if the time or place of the deposition is inconvenient.

As a note: If you don't remember anything, the deposition (if taken) stands to be a short one.

 

[STEPHAN]

... she left the filing cabinet door open and never shut it.

Please help me understand. Why did you not just close it?

 

[Ohiogal]

Please help me understand. Why did you not just close it?

Glad someone else was thinking the same thing. Speaks to OP's immaturity.

 

[defendmyself]

Please help me understand. Why did you not just close it?

Because she needed to learn to remember to close it herself, if I did it for her then how would she learn.

 

[defendmyself]

Do you know who has you listed as a witness?

There are subpoenas that are issued by a court and signed by a judge and these subpoenas you cannot ignore. You must appear or risk incurring the wrath of the court.

There are also "deposition subpoenas" that are issued and signed by an attorney instead of a judge. You cannot ignore these either. If you refuse to appear for the deposition, the attorney can have the judge order you to appear in court to explain your refusal.

If the notice is not a subpoena (and you really need to make sure whether it is or not), there are no legal ramifications for you if you refuse to be deposed.

That said, if a party believes you might have knowledge that could be important to the case, the party who sent you the notice (request) can always get a subpoena commanding you appear for a deposition. In other words, you refusing now to appear for a deposition may only result in a delay.

Here is a link to the Federal Rules of Civil Procedure on Depositions:

https://www.law.cornell.edu/rules/frcp/title_V

If you are not a party to the action, you should find out if you will be represented by the attorney who has you listed as a witness or if you should have your own attorney (at their expense). If you are not a party to the action, you can ask that your needs are accommodated if the time or place of the deposition is inconvenient.

As a note: If you don't remember anything, the deposition (if taken) stands to be a short one.

The notice appears to be for the girls, the plaintiff's attorney. I don't want to be a witness for her. People shouldn't be forced to work with the mentallly ill.

 

[cbg]

Because she needed to learn to remember to close it herself, if I did it for her then how would she learn.

That works just fine for a two year old. For an adult, closing it yourself and then saying later, "Hey, Sally, did you leave the file cabinet drawer open? It needs to be shut for privacy reasons" is better than running to the supervisor and tattling.

 

[quincy]

The notice appears to be for the girls, the plaintiff's attorney. I don't want to be a witness for her. People shouldn't be forced to work with the mentallly ill.

I am sure that if you find you must appear for the deposition, it will be as unpleasant for you as it will be for those deposing you.

Again, make sure you have an attorney with you for the deposition.

 

[xylene]

People shouldn't be forced to work with the mentallly ill.

You are a scumbag.

 

[defendmyself]

I did nothing wrong, I quickly. found another job in 3 weeks, yet this girl two years later is still unemployed now you tell me who the real scumbug, is,

 

[westside]

I did nothing wrong, I quickly. found another job in 3 weeks, yet this girl two years later is still unemployed now you tell me who the real scumbug, is,

You are......

 

[Zigner]

I did nothing wrong, I quickly. found another job in 3 weeks, yet this girl two years later is still unemployed now you tell me who the real scumbug, is,

You are. You're a spoiled brat with a rotten attitude and an inflated sense of worth.

 

[eerelations]

I did nothing wrong, I quickly. found another job in 3 weeks, yet this girl two years later is still unemployed now you tell me who the real scumbug, is,

Tell you what, I'd much rather hire someone with a mental disability than an immature jerk like you.