[sjethro00]

I have a legal disupute with my former employer involving Unemployment; I have a court hearing tomorrow.

I Anyway, I checked with my main witness today to remind her of the time for tomorrow to find out she was no longer willing to help us, and lied about being out of town.

I know the employer had threatned legal action against her before for quitting the company, and that he owed her several hundred dollars for gas/supplies (something she couldn't prove, as she turned in the reciepts and did not make copies).

I think he may have either threatned more legal action against her, or promised to repay her the money he owed her if she didn't testify/give statements on our behalf. I have tried to contact my witness again and find out if he did threaten her in some way, but she's not answering my phone calls.

How do I combat this without any proof?

[ScottGem]

Unfortunately you don't. That's why attorneys take depositions prior to trial so they have testimony on record.

You can still subpeona her and remind her about the penalties for purjury. But if you have no proof of what she previously told you there isn't much you can do.

[Fr_Chuck]

Scott hit it on the head. Without any proof it will only appear you are making up lies on them. You will have to get a current or this past employee to testify to it.

[sjethro00]

I do have a recorded statement from her, it's a phone message she left indicating everything I needed to present my case, and details the actions the company threatened to take against her; Having her available tomorrow was an extra-precaution just in case they needed more information, etc.

I also lined up a current employee who will help out and is not scared of losing his job... hopefully everything goes well tomorrow for court!!

Thanks again Scott and Chuck!!

[ScottGem]

Good luck. Depending on the type of court you may or may not be able to use the recording. You can probably use it in cross examination to impeach the witness's current testimony. You may not be able to introduce it as evidence without her testimony to verify that it was her message.

[mr.yet]

Request that a subponea to issued for her to appear to back up the recorded statement you have.

[sjethro00]

The recording was not allowed, as she gave the recording beyond the date of the indicent;
The appeals were overturned, and I lost mostly because I had no evidence to back it up, and willing witnesses were not able to testify via telephone as there was no phone available.

I called the hearing office, and was notified I have 21 days to present affadavits of willing witnesses.