California Employment Law

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A former fellow employee of mine was terminated from his employment

with Alameda County and eventually...
A former fellow employee of mine was terminated from his employment with Alameda County and eventually sued for wrongful termination and discrimination.

At that time several employees in our office including myself were deposed in the matter by the plaintiff's attorney.

During my deposition, the plaintiff's attorney presented to me an office memo from a fellow employee to my supervisor which was marked as Exhibit Item # XXXXX

This office memo exhibit, which I was never previously shown, made aware of, or ever presented with by anyone implied that I was creating a hostile work environment and possibly conspiring with the plaintiff to sue the County of Alameda as well.

Additionally, during my deposition, the plaintiff's attorney informed me that as part of the plaintiff's statement of facts in this lawsuit, it was being alleged that my supervisor had solicited the plaintiff in this matter, prior to the plaintiff's termination to "gather information on me so that I could be terminated".

It is my belief that my supervisor had alot to say about me, most of which was more than likely not good during his deposition. And I base this on the fact that my supervisor choose to sit in personally on only my deposition and not the other fellow employees who were deposed.

It is common office knowledge that my supervisor and I do not care for each other, but we do work together and I try not to let our dislikes interfere with my job and performance.

My questions are two-fold:

1) Is it possible to obtain the deposition transcripts of my supervisor or anyone else who spoke about me during their depositions?

2) Is it possible to obtain Exhibit Item # XXXXX which is a memo directed specifically at me from a fellow employee.

My supervisor refuses to release the exhibit memo or his deposition transcript to me.

The County of Alameda and the Plaintiff came to an undisclosed settlement agreement in this matter and the case is now closed. The court records do not contain any transcripts,exhibits or terms of the settlement agreement.

Paul
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Answered in 8 minutes by:
11/14/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello Paul and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

No, I'm afraid that since you are not a party to this lawsuit (but only someone who was deposed) you do not have a right to either the deposition transcripts or the memo).

It is also within your employer's discretion to determine whether or not to release the deposition transcript to you.

However, if the memo is included in your file with your employer, you do have a right to view that and make copies, so I would strongly suggest that you ask to see your employee file, which would enable you to make a copy of your personnel file from your employer.


I hope the above information is helpful.

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Thanks and best of luck!

-Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
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Customer reply replied 4 years ago

Thank You,


Unfortunately my supervisor did not put the memo into my personnel file and says that he does not have to.


 


Thanks Again


Paul

Thanks Paul,

Happy to help and best of luck to you!
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Joseph
Joseph
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Category: California Employment Law
Satisfied Customers: 5,299
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