Affidavit

[Food4All]

VA

My colleague is being accused of sexual harassment. He wanted me to provide him an affidavit to state that I know the incident was consensual. He said if I singed that affidavit, I would never have to go to the court or arbitrary hearing. Is it true? I am afraid the opposing attorney would want to subpoena me to testify in person in order to question my credibility, and I live out of the state! Normally, how is a written affidavit/statement challeneged?

In the state of Virginia, can I secretly tape his request of providingng false affidavit?

Thanks for any answers.

 

[buddy2bear]

The steps of filing a charge with the EEOC are as follows:

1. Charge is filed with EEOC.
2. EEOC requests Employer's statement of position in answer to
the charge (Questionnaire is answered, exhibits consisting of
affidivits, personnel files, etc., are submitted as "requested"
by EEOC).
3. EEOC conducts it investigation -- usually telephones
witnesses.
4. EEOC conducts a conference call (sometimes) with both
attorneys. EEOC offers dispute resolution. Tries to reach
some kind of mutual settlement.
5. If no settlement is reached, EEOC issues a "probable cause"
or "no probable cause" and "right to sue" letter.
6. If "probable cause" and no settlement can be reached,
charging party's attorney files a Complaint in court.
7. Employer's attorney answers Complaint.
8. Charging party's attorney conducts "discovery," which can
consist of Interrogatories, Request for Production of
Documents (fairly inexpensive), taking Depositions (can be
very expensive) and an affiant will/might be summoned in, etc.
9. Briefs are submitted to the court -- Employer submits a Motion
for Summary Judgment with a possible request for oral
argument. Depending on the court, some cases are decided
only on briefs.
10. Charging party's attorney wants "day in court" in front of a
jury (hoping more sympathy for client). His brief will usually
request jury trial.
11. It can possibly go on for as long as the Employer wants to
spend the money because even if the court finds in the
charging party's favor, it can be appealed. In which case, the
process can start all over again.

Until the case is "final," you could be basically "on-call."

 

[civilavicate]

Let your conscience be your guide

I would notify the attny: for the person filing the complaint, and let them know that the partie involved is requesting that you give a false aff. , then I would let them know how to reach you when the time arrives, if you lie underoth you may get yourself involved at a level you don't want to. If you do this, this person will have somthing to hold against you for a long time..Tell the truth and it will set you free, good luck.


This is my expressed opinion, and I am not liable for how my advise is used.