Q: I am being asked to make deposition by former employer due to wrongful death suit, what are my rights?
I worked as assistant manager (manager on duty at time of incident) for school/residential program serving children with autism and developmental disabilities. During a shift many years ago all the children had the flu. One died. Now his family/estate are suing the school and requiring my deposition. I have had this hanging over my head for months. I’ve been fairly cooperative. Date for deposition is set. I don’t want to but have been told I’ll be fined/held in contempt if I do not comply. I feel this is very unfair. I did everything I could to save this child. Even telling the nurse on duty she was wrong and calling 911 myself. This was already traumatic, now I get to live it again without choice. It’s causing a great deal of emotional distress. Furthermore it’s going to cost me money, missed wages for myself and husband (he insists on being there and so don’t want to be alone), parking, transportation. It all seems very unfair. I don’t even work for them anymore and haven’t for years
A: If you are a witness who has relevant information on a matter before a Court of the Commonwealth and properly served with a subpoena you do need to attend and you have the right to obtain counsel to represent you in the deposition as well. This is akin to jury duty in that participation is required.
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