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Category: California Employment Law
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What are the consequences if my ex-boss changes his answer

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What are the consequences if my ex-boss changes his answer during his deposition for my wrongful termination litigation.
Hello and thank you for allowing me the opportunity to assist you.

Can you clarify the circumstances under which his answer would be changed? Do you mean in the deposition itself the answer changed? Or do you mean that in the trial he testified to something different than what he said in the deposition?
Customer: replied 4 years ago.

During the actual deposition he changed his answeer after takling a break. His lawyer at the end of the depo. said that he wanted to set the record stright and basically fed my ex-boss the answer he wanted on record. The original answer on record earlier was completely different.

Is that perjury?

Hi again.

Your boss is entitled to change his answer, but it may make him seem less credible. In other words, the deposition can be used as evidence in the trial, and the fact that he changed his answer could mean that the judge or jury will think that he wasn't being truthful, and that maybe he is not being truthful at the trial if he testifies there.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
tjgesq and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
If my case doesn't go to trial can my lawyer use his first answer in her arguments or as an negotiating tool to get the case resolved before trial.
Hi again.

Yes, your lawyer can use the statements as evidence in whatever manner she'd like. Certainly, they can be a negotiating tool, and would be helpful if the boss came across poorly in the deposition. The statements can also be used in any arguments she makes, for example in a motion for summary judgment. The deposition is evidence just as a written document, picture, etc., would be evidence.
Customer: replied 4 years ago.

One last question. My boss in 2004 told me that if I didn't sign the new at-will agreement that I would be fired. My comment before his was that i had worked for him for 15 years and didn't agree with it because I thought he should have good cause to fire a person with my senority,

Was it legal in CA for jhim to threaten me like that becaseu I signed it even thought I didn't agree with it.

Hi again.

Yes, it would have been legal for him to threaten to fire you unless you signed the agreement, and he could have lawfully fired you had you refused unless at that time you had an employment contract that limited the reasons that you could be fired. Without such a contract, an employee is at-will by default. To that extent, it may not have mattered whether you signed the agreement or not.
Customer: replied 4 years ago.

CA has exeptions to the at will agreement

Hi again.

Yes, CA does have exceptions to the at-will employment doctrine. However, there is no such exception for the refusal to sign an at-will agreement. In other words, you can be fired for refusing to sign such an agreement.