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Don’t punish employee for deposition testimony

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in Employment Law

If you decide to punish an employee for testifying against you in a legal deposition, be prepared for even more litigation.

Recent case: Matthew testified in a deposition against his employer in a case filed by a co-worker. The lawsuit alleged various forms of wrongdoing, including discrimination.

A few days later, Matthew was rejected for a prestigious assignment. One of the defendants in the litigation was part of the selection committee and questioned Matthew’s ability to keep information confidential.

Matthew sued, arguing that he had been passed over because the employer saw his cooperation in the litigation as proof he was disloyal and could not keep a secret.

The court said his case could proceed based on the comments on confidentiality and the fact that he was turned down for the assignment just days after he testified. (Edinger v. City of Westminster, No. 14-0145, CD CA, 2015)

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