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ever been a case in the superoir court , for a labor appeal, when the judge, gives the employer 2 weeks to bring in witness
Fresno, CA
Viewed 42 times.
Posted 5 months ago in Employment / Labor
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Family owned trucking company, is sued for unpaid wages for rest and meal breaks by not giving enough time for the driver to take a breaks. driver was ask to do false log book reporting before . for asking about wages, he is fired,
he beleives that , the company is going to ask drivers to come in and testify falsely, and he believes they will do it , brause of keeping there jobs . Now hes looking for any published court case that can be sited that fits this case. - Is this your question? Add additional information Answers (3)Kenneth Lewis Swenson
This attorney is licensed in California.
Posted 5 months ago.
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The facts of your question are difficult to understand. If you are asking whether a Superior Court judge can continue a trial in a wage and hour or retaliation case two weeks to allow unavailable witnesses to appear and testify, the answer is that it is within the discretion of court to grant such a continuance. The law favors having cases heard on their merits and unavailable witnesses can be good cause for the court to continue a trial or hearing. The trial court's exercise of discretion is reviewed for prejudicial abuse of discretion if the judgment is appealed. As to the concern about false testimony, the driver bringing the action will be given the opportunity to cross-examine the company's witnesses to expose any false testimony or may offer the testimony of his own witnesses to controvert the false testimony. The driver should consult with an attorney to discuss the particulars of this matter and for any specific legal advice.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 5 months ago.
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The judge has wide latitude in determining the schedule for witnesses, timing of the proceedings and order of evidence. You should ask your attorney. Make sure you understand what he or she answers to you.
Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in AL with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. William M. Pao
This attorney is licensed in California.
Posted 5 months ago.
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It sounds like you are concerned about the false testimony that may be given by the drivers that are asked to testify by the company. You will have the opportunity to cross-examine each witness after they have given their testimony.
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