posted on Jun, 14 2007 @ 12:33 PM
I deal with Lawyers and lawsuits a lot.
YES!!! If you go forward and file a suite against the company, your now ex boss, and maybe even the union. Even if the case gets sent to arbitration,
your Lawer will subpoena all of them. either at work or at their house, but they can't escape the subpoena. from there the subpoena will outline
specifically that they have to hand over the video tape. It's called Discovery and I think Duces Tectum. They have to hand over a copy of the video
tape to your legal team. It's illegal to not share evidence. Also, they may claim that they don't have a video tape. If you know that they do,
well again they're screwed because it'll get found very fast. judges don't like schmucks that lie to the courts.
Also, get a list of recently fired employee's I'm sure they would love to testify against him to help establish your case and develop leverage.
Just know that your lawyer may subpoena your former coworkers which can be embarassing for them even if it's not directly related to anything
embarrasing that they've done. neighbors notice. you got subpoenad!?!
Anyways. generally when your lawyer threatens to file suite the company will attempt to
Pay you off and settle. you can take it but then there will be no punative damages to your ex boss or the company. which basically is an extra fine
added to the damages award to punish them for the crime just cause, to hopefully compel them to not do the same crime again, punative awards are ment
to hurt the other guy getting sued financially it's supposed to be a punishment.
You could also get him for sedition ie. subversive acts inteended to harm another employee. he lied on tape so there is slander sedition, he put
those lies on paper, libel sedition, he covertly tried to get most of the employee's fired, using tactics from slander, libel and bullying.
Also, may want to get the EDD involved too. But sedition is usually looked at as a pretty scummy thing to do, so nail em to the wall if you can
afford to hire a lawyer or if you already have a pre-paid legal service.
Another strategy the company will use if they choose to fight is to have their lawyers send fluff letters back n forth between your lawyer and theirs
attempting to intimidate you with BS legal jargon, your lawyer should be laughing at them every time they try this if they are any good. Also he
should be sending letters to the Bar in whatever state you're in filing complaints for certain bar violations for writing BS in threatening letters.
The other side will do this to scare you away or to stretch out the time before the hearing or arbitration trying to drain you of money so that you
can't pay your legal fees in the meantime and will be forced to drop the case. F 'em sue their asses back into chapter 11 or where ever the douche
bag company came from before.