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Do I have the right to take the 5th amendment in a deposition?

Elkhart, IN |

The man was discharged for smoking on company property but was not in his car. he beleaves he was targeted. The plant manager called me into his office and said we needed to find a way to get rid of him! he was hurt on the job and was on light duty. He was turned in by an illegal who is now dead. We are an privately owned at will company in a right to work state. If I tell the truth I will be fired for any reason or let go because "things are not working out". Since 70% of the company is illegal and a ton are gang bangers then that puts my family in jeopardy. I will not lie under oath

Attorney Answers 1

Posted

The Fifth Amendment doesn't apply in this circumstance unless your conduct was criminal and you are fearful of incriminating yourself. If you take the Fifth, they will know you are covering up for your employer. Your employer should have counsel, and that counsel should be guiding you. There are ways to tell the truth, and then there are ways to tell the truth without volunteering too much information. If it makes you feel better, I rarely expect a current company employee to tell the truth, and assume they are covering. When a current employee lies, I generally don't press it, knowing that if the case proceeds farther, I can use their ridiculous denials against the company.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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