If a company signed a confidentiality agreement in settlement of wrongful term, can former employee who quit be subpeonaed.?
Now I am suing the DOCTOR who caused the burn and lost wages from lost job. Can my former boss testify against me in my new case against doctor if she is referring to a position held at a company that signed a confidentiality agreement related to my employment and wrongful termination case if she, herself and quit prior to the case being settled and was just an employee in the company?
My concern is she will smear me in the new case and say she fired me for reasons OTHER than my medical problem even though the company settled without admitting fault.
2 attorney answers
Mr. Pedersen says it beautifully.
Another question: how would this person testify at your trial? You obviously won't call her... will the Doctor?!
THE AUTHOR OF THIS OR ANY UNDER RESPONSE IS NOT PROVIDING LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH HIS CLIENTS UNTIL THE LEGAL SERVICES AGREEMENT UNIQUE TO THE FIRM AND THE MONEY IDENTIFIED THERETO HAS BEEN EXCHANGED.
Confidentiality agreements can be written in many different ways. No one here can answer your question without first reviewing the agreement and understanding more about the situation. However, generally, a confidentiality agreement cannot trump a lawfully served subpoena. The witness can be compelled to answer questions pursuant to a subpoena. Additionally an agreement by a company to act in a certain way may not legally compel adherence to that agreement by former employees of that company unless those employees were also bound to comply. It all depends on the terms of the agreement and the parties to that agreement.
If you are presently in litigation, ask your attorney about this.
Good luck to you.
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