May an employer hire a witness named by an employee who has a pending law suit against the employer?

"X" interned in the office and is qualified for an open position in the office. X's internship ended. Shortly afterward, a disabled employee filed discrimination suit against boss, naming X as a witness to a specific incident. While discrimination suit pending, boss obtained signed affidavit from X which tends to show that specific incident employee alleged occured either didn't happen or didn't happen specifically as described in employee's suit. While suit still pending (and no discovery or hearing as yet held), boss hires X as an employee.
Has boss violated ethics or other rules/laws with this hiring?

1 answer  |  asked Oct 23, 2011 12:36 PM [EST]  |  applies to Massachusetts

Answers (1)

Evan Fray-Witzer
Based solely on the information as presented, no, the boss has done nothing wrong. *If,* however, "X" was hired as a way to induce him or her to provide an untruthful affidavit or testimony, the answer would change, but, as presented at least, the boss has done nothing wrong. Indeed, any other answer would penalize "X" for simply providing a truthful affidavit.

posted by Evan Fray-Witzer  |  Oct 23, 2011 12:45 PM [EST]

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