Question:

How to file a harassment lawsuit (not sexual)?

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I used to work at a place - now I work for their closest competition. Ever since I first started at my new job they claim that I have received an email of information from someone at my old job. I NEVER received this email, though. They claim they have proof it was sent (they went through the other persons emails), but I never got it. Also, the file that they claim was sent to me was VERY large so I told them it may have been blocked through spam or never sent because of the size.

Long story short they are suing the guy that supposedly sent me an email. They have subpoened me to come to a deposition and bring all documents with me. I HAVE NO DOCUMENTS! But the subpoena says that I can be fined, etc for not providing documents that I DONT HAVE.

I want to file a harassment suit because these lawyers (for my old job) have popped up at my job a few times.. and now they are making me goto court and I have told them TIME and TIME again I have nothing and I know nothing.

What gives? Don't I have rights? I dont have anything... so how can they keep harassing me about this?

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3 ANSWERS


  1. Consult your attorney.  

    Respond honestly to the questions at the court.  

    Yes they will threaten you, but only the court has the authority to hold you in contempt.  That would be very unlikely, since it would be impossible for the plaintiff to prove that you have something when you do not have it.

    They have a right to call you as a witness.  They do not have a right to go beyond that.  When they show up, do not speak with them.  When they call, tell them you will not speak with them, then hang up.  Those are your rights.

    Because they have a right to call you as a witness, no court will find in your favor for their representation of their client.

    Consult with your attorney for more details on how to protect your rights.


  2. If you feel you are being harassed by your employer, then you should file a claim with the EEOC.  someone from that department will investigate your claim.   If the  investigation shows you are being harassed, they will  give you right to sue letter.

    you do need to honor the subpoena that has been served upon you so make sure you show up for this.  i would suggest that you call the department of labor in your state and speak to someone about what is going on in your work place.  you may be provided with free legal counsel to represent you through this ordeal.  


  3. Just go to court and tell them the truth. If they keep harrassing you, take them to Small Claims Court with proof of what it cost you.  

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