One of the hardest things to do for a person is speak on behalf of a former employee in an employment action while you still work for the employer. This situation is NOT sexy. Alot of times, people are very leary about getting involved in internal disputes between former employees and their employer. Think of it like this, imagine your friend (a fellow co-worker) and your supervisor were constantly at each other’s throat. You witnessed all of these actions on a daily basis. Your friend ends up quitting because of this situation. The next thing you know, your friend is filing a law suit against the employer. Of course, who is the the star witness, YOU!!! Now, what do you do? This situation can be frightening because on the one hand you want to do the right thing but on the other hand, you still have to work in that employment setting.
So what should you do if you find yourself IN THE MIDDLE of an employment mess? Well, here are a couple of things to keep in mind:
1) Talk to your union steward
If you’re in a unionized work place, your union steward (or union representative) can provide you a lot of guidance regarding these situations.
2) Talk to Human Resources
Give your Human Resources some advance notice that you have been called in as a witness in a proceeding and state your concerns about potential ramifications. It’s always smart to put people on notice.
3) Keep a notebook
You are NOT doing anything wrong. However, if you’re worried that you may have a boss or supervisor who may take retaliatory actions against you, start keeping a journal. Keep names, dates, and details so that you can connect the dots of any change in behavior as a result of your involvement.
4) Talk to an attorney
Nothing wrong with checking with an attorney to keep them apprised of your rights and, if necessary, the need for legal counsel.
5) Tell the truth
The tough thing about proceedings like these is when you are FORCED to talk. You may decide that you “don’t want to get involved” because you are afraid of future actions. In these instances, you may receive a subpoena and be compelled to swear an oath to tell the truth. Whether it’s voluntary or involuntary, when the time comes for you to open your mouth, you want to be as truthful as possible. Stick by what you know and not what you think!
Participating in a employment proceeding between your friend / former co-worker and your employer / supervisor is almost like standing in the middle of a gun fight. NO matter which you way you fall, there’s the possibility of getting shot. However, if you take the time to think through the situation, you can provide good information and still help the situation without hurting yourself. Don’t get me wrong. In a mud slinging match, EVERYONE gets dirty but, there are things you can do to minimize the mess.
