Question interrogatories

[Andy60]

What is the name of your state? Ohio

If in the interrogatories documents it asks to list former and current employers, can defendant's (employer's) counsel contact them? Or is that just informational?

 

[FlyingRon]

Eh? It is informational and he can act on it. This is the whole point of interrogatories.

 

[quincy]

What is the name of your state? Ohio

If in the interrogatories documents it asks to list former and current employers, can defendant's (employer's) counsel contact them? Or is that just informational?

Employment can be verified.

 

[Ohiogal]

And information/testimony subpoenaed.

 

[Andy60]

so employer's attorney can contact my past and current employer(s)?
can I object to that?

 

[Taxing Matters]

so employer's attorney can contact my past and current employer(s)?
can I object to that?

The lawyer may contact your current and past employers. Unless the attorney's only purpose in doing it is to harass, embarrass, or intimidate you there is nothing wrong with the lawyer doing that. There may be good reasons related to the litigation for the lawyer (or some agent of the lawyer) to contact them. What exactly do you fear will happen if they are contacted?

 

[quincy]

so employer's attorney can contact my past and current employer(s)?
can I object to that?

What would be the reason(s) for your objection? Verification of employment should not, in and of itself, be a problem.

 

[Andy60]

The lawyer may contact your current and past employers. Unless the attorney's only purpose in doing it is to harass, embarrass, or intimidate you there is nothing wrong with the lawyer doing that. There may be good reasons related to the litigation for the lawyer (or some agent of the lawyer) to contact them. What exactly do you fear will happen if they are contacted?

naturally I wouldn't want other employers (past/present) to know that I filed litigation, especially if it doesn't go as far as trial

 

[FlyingRon]

It's public knowledge.

 

[Taxing Matters]

naturally I wouldn't want other employers (past/present) to know that I filed litigation, especially if it doesn't go as far as trial

If that's something that really matters to them they can find that out by searching cases online at many courthouses. The lawsuit is public record after all.

 

[quincy]

naturally I wouldn't want other employers (past/present) to know that I filed litigation, especially if it doesn't go as far as trial

Depending on the facts of the case and the parties involved, the case could even be covered by the media. Lawsuits are not secrets.

 

[Andy60]

but isn't it public knowledge only if it goes to court? Not if it gets settled out of court?

 

[FlyingRon]

Once it's filed, it's public knowledge. If it's settled out of court, one stipulation might be that the results of the settlement be kept private.

 

[quincy]

but isn't it public knowledge only if it goes to court? Not if it gets settled out of court?

Settlement agreements often include confidentiality clauses. The fact that there was a settlement is public but the terms of the settlement can remain private between the parties.

 

[Taxing Matters]

but isn't it public knowledge only if it goes to court? Not if it gets settled out of court?

The fact that you filed the lawsuit is still public information. If you settle the case that settlement agreement is typically not filed with the court and thus not public record. Still, though, the fact that you filed the lawsuit and the fact there was a settlement would be in the court record and accessible to the public.

The terms of the settlement agreement may include a confidentiality agreement which would prevent the parties from disclosing the terms of the settlement agreement as well. You don't need that confidentiality agreement to keep it out of the court record, but it does help ensure that neither you nor the employer may discuss the settlement details with others. Note that depending on the details of the claim you brought the employer might be denied a tax deduction for any damages paid to you if the settlement agreement is confidential, so that may affect whether your employer would want to do that.