Local attorney successfully argues for extended protection for Hoosier employees

Shaw Friedman

La Porte attorney Shaw Friedman announced that the Indiana Supreme Court has agreed to extend a level of protection to employees who testify in an unemployment benefits hearing, a case in which Friedman presented arguments along with associate Nelson Pichardo.

Friedman said the Indiana Supreme Court rendered a decision on a 4-1 vote March 31, 2020 that extends a level of protection to Indiana employees who are subpoenaed witnesses for an unemployment benefits hearing and who appear and then testify truthfully.

Friedman and Pichardo argued the case for former Memorial Hospital of South Bend employee Forrest Perkins at oral argument in Indianapolis, Ind. on Oct. 10, 2019.

“We are very pleased that the Indiana Supreme Court has made clear with this ruling the importance of those co-worker witnesses who are under subpoena being able to testify truthfully and honestly at an unemployment benefits hearing without fear of being fired by their employer,” Friedman said.

He added that the Court recognized that the “ability to compel testimony of a third party witness is a critically important public policy. In addition, the Court made clear that in our adjudicative system, accurate witness testimony is essential to the process, to the parties and to correct decision-making.”

Friedman said that, since the dismissal of the case on summary judgment has been appealed and now reversed by the Indiana Supreme Court, the matter is now remanded back to St. Joseph Superior Court for further proceedings.

No comments.

Leave a Reply