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  1. #1
    Join Date
    Jan 2005
    Location
    Florida
    Posts
    3

    Default Can you be forced to sign an affidavit

    As I have written before, my husband is in a bad situation with his company. He has been scapegoated out and they are bringing a new guy to take his job and he will report to this guy. My husband feels that once the new guy knows the job, then they will fire him. The CEO denies it but my husband doesn't believe him. He recently got a horrible review based on problems that the company put in writing that they would not hold him accountable for. The CEO says it is open to interpretation. Not true so my husband is looking for a new job. anyway, the company has been involved in a huge lawsuit. My husband spoke to the attorneys a year or so ago with information he knew (before all this crap). Now today he was told he has to sign an affidavit. Can he be forced to sign it? He doesn't want to help the company in anyway since they are obviously screwing him. He was thinking of saying he doesn't recall since the events are years old and his memory has faded which is partly true. He also doesn't want to be drawn into this lawsuit since he might not be there very much longer. Can an employee force you to sign an affidavit to keep your job?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Employer Wants Affidavit

    So you're stating that his employer, presently involved in litigation, wants your husband to sign an affidavit? There doesn't seem to be a down side to his doing so, provided the content of the affidavit is truthful to the best of his knowledge and recollection, although obviously he wouldn't want to sign an affidavit that alleges things he does not know or cannot remember. If he's a necessary witness, he would likely be called to testify anyway, whether at deposition or trial.

    I have not encountered the situation before, but I don't know of a reason why an employer could not discipline an employee who refused to execute an accurate and truthful affidavit, to help the employer resolve litigation. The situation is different, of course, if the employer wants the employee to sign a false affidavit under threat of discipline or termination. Your husband may wish to consult with a local plaintiff-side employment lawyer.

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