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Tuesday, May 19, 2026

HR Quick Take: Witness Interviews - Dentons

Q: My direct report and I have been asked to testify as witnesses for a lawsuit involving our employer. What do we need to know about the interviews?

A: Some employers may have policies where they provide regular hourly wages to an employee if they are called to testify or work with an attorney in a claim. This typically is applicable only if you are requesting their presence. However, employers need to be careful about how such policies are administered to avoid the appearance of retaliation for people who may be called by the opposing party or share unfavorable information. It is not uncommon for plaintiff attorneys to allege that existing current employees were not fully honest in their statements due to the fear of retaliation. So as an employer, you want to minimize the potentiality of that claim being made.



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