Should she make a statement?
March 25, 2011 4:08 PM Subscribe
YANMCanadianL: Should my girlfriend talk to this insurance adjuster at all, or just ignore this?
My girlfriend previously worked for a company. An employee they hired is suing that company for wrongful dismissal (among many other things). Among his extensive list of allegations, he alleges that my girlfriend made sexual advances towards him.
She is not a defendant, and isn't being sued, the company is. She hasn't worked for them for over a year.
She was contacted today by an insurance adjuster who wants to meet with her:
"As you are named in the statement, I am interested in meeting with you, to go over in greater detail, the allegations of negligence, and your recollection of Mr. XXXX."
My personal feeling on the matter is to keep far away, don't go meet with this adjuster, let alone make any statements, unless she is subpoena'd. I don't think there's anything that can be gained by going to this meeting and making a statement.
Should she go? Should she refuse?
My girlfriend previously worked for a company. An employee they hired is suing that company for wrongful dismissal (among many other things). Among his extensive list of allegations, he alleges that my girlfriend made sexual advances towards him.
She is not a defendant, and isn't being sued, the company is. She hasn't worked for them for over a year.
She was contacted today by an insurance adjuster who wants to meet with her:
"As you are named in the statement, I am interested in meeting with you, to go over in greater detail, the allegations of negligence, and your recollection of Mr. XXXX."
My personal feeling on the matter is to keep far away, don't go meet with this adjuster, let alone make any statements, unless she is subpoena'd. I don't think there's anything that can be gained by going to this meeting and making a statement.
Should she go? Should she refuse?
Best answer: IANAL, TINLA.
My personal feeling on the matter is to keep far away, don't go meet with this adjuster, let alone make any statements, unless she is subpoena'd.
Bingo.
Also, your girlfriend may want to consider getting a lawyer of her own if they pursue this further than the one contact.
posted by Mister Fabulous at 4:40 PM on March 25, 2011
My personal feeling on the matter is to keep far away, don't go meet with this adjuster, let alone make any statements, unless she is subpoena'd.
Bingo.
Also, your girlfriend may want to consider getting a lawyer of her own if they pursue this further than the one contact.
posted by Mister Fabulous at 4:40 PM on March 25, 2011
Best answer: The adjuster isn't working for your girlfriend's interests. Therefore it's not in her interests to talk to him.
posted by orthogonality at 5:08 PM on March 25, 2011 [1 favorite]
posted by orthogonality at 5:08 PM on March 25, 2011 [1 favorite]
Best answer: Why would she say even word one to either of these parties, neither of whom have her interests at heart? Tell her not to talk to anyone about this, except her own lawyer. This includes friends and co-workers, etc. There is no upside to discussing this at all, and plenty of possible downside scenarios.
posted by PareidoliaticBoy at 5:35 PM on March 25, 2011
posted by PareidoliaticBoy at 5:35 PM on March 25, 2011
Best answer: Refuse. Refuse. Refuse. If they pursue this, as an alternative to hiring her own attorney see if the company will pay for an attorney for her. They may do this if they believe she can help their case. Consider this, but make sure it is clear with the attorney they hire that he/she is representing her interests only. Then tell the attorney that his/her job is to do their best to keep her out of this.
posted by cosmac at 5:45 PM on March 25, 2011 [1 favorite]
posted by cosmac at 5:45 PM on March 25, 2011 [1 favorite]
Response by poster: Thanks everyone.
She had originally agreed to meet. I told her I didn't think she should meet with them, and said I would check with the MeFi hive mind (she loves the hive mind!) to confirm that she doesn't have any reason to meet with them. This sealed it, she's going to decline and refuse to make any statements.
posted by smitt at 9:42 AM on March 26, 2011 [1 favorite]
She had originally agreed to meet. I told her I didn't think she should meet with them, and said I would check with the MeFi hive mind (she loves the hive mind!) to confirm that she doesn't have any reason to meet with them. This sealed it, she's going to decline and refuse to make any statements.
posted by smitt at 9:42 AM on March 26, 2011 [1 favorite]
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posted by smitt at 4:15 PM on March 25, 2011