Legal Question in Civil Litigation in California
I am currently suing a former employer for unpaid wages. " I received a Demand For Production of Documents, Records & Verified Answers." It demands that I reveal my past and current employers AND produce W2's and copies of checks. The problem is that I am a caregiver and bound by both The Confidentiality of Medical Information Act & Sec. 10850 of the Welfare and Institutions code. I cannot disclose any information about recipients I work for. W2's and Checks have their social security numbers, names etc on them. If I object to the demands, can my employer file a motion to compel? The information they seek isn't even relevant to my lawsuit.
2 Answers from Attorneys
I assume you are representing yourself in this case; if not, your attorney should be dealing with these issues.
These requests invade your right to privacy with respect to your personal finances and should be objected to on this basis as well as third-party privacy. You should also object to disclosure of information regarding your past and current employers on the grounds that they are not reasonably calculated to lead to the discovery of admissible evidence and are propounded merely to harass you.
Before filing a motion to compel, they must meet and confer with you about the requests to which you object and explain why they are entitled to them. I don't imagine they will be able to.
If you have not done so already, I would strongly advise you to consult with employment attorney(s) in your area and retain one to prosecute your case. It is extremely difficult to succeed on your claims without legal counsel, especially if the other side is represented. If you would like to discuss this or any other issue further, please give me a call at (213) 381-6557 or send me an email at [email protected]. I wish you the best of luck.
Ari Leichter
You should be using an attorney, since the wage law provides that her fees will be paid in addition to your claim. You or your attorney need to serve objections on the employer, in proper legal form and within the legal time limit. If you don't object properly and in time, your objection will be waived and the court could force you to turn over the documents even if they are confidential or otherwise legally protected from disclosure.