Burned severely and infected by radiation device by a doctor. It affected my job performance as I worked with infection and drains in pain, did not miss a day of work but left early for medical treatment for two weeks. Former boss of my "at will" job fired me as a result. I sued for wrongful termination based on medical condition bias. Employer agreed to mediate a settlement. Right before mediation, my boss who had been part of the negotiation to GET TO MEDIATION STAGE either quit or was fired from company. Company then settled in my favor and we both signed confidentiality agreement. My boss was not employee then.
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.
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.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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.
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