Legal Question in Employment Law in California

I am involved in a DLSE appeal against a former employer who did not pay me unused vacation pay. Today I was served a "Demand for Production of Documents and Records & Verified Answers" AND "Request for Statement of Witnesses And Evidence." Which seems like overkill. The Request for Statement of Witnesses and Evidence would have sufficed by itself, and I would have no problem disclosing that information. HOWEVER, The Demand asks me to produce all W2's and report all income I have received from the date I started working for my former employer until the date of production. CAN I OBJECT TO THIS? My employment history is not relevant to my lawsuit against her, Is it? She is seeking other information that I believe is not even remotely relevant to our case. I don't think it is any of her business how much money I have made and/or who m elseI have been employed by.

I would appreciate if someone could tell me what my rights are in regard to what information she is entitled to, and what she is not. Thank you.


Asked on 3/11/11, 3:02 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Sometimes attorneys go overboard with the use of discovery. I won't pretend to know what the issues are in your case, no can I advise you, as I am not your attorney (I assume you do not have an attorney because if you, he or she should be addressing your question). However, for general knowledge, and where it is applicable, we can and do object to certain discovery requests on the grounds that it violates a party's Constitutional right to privacy, is vague, overbroad and unduly burdensome, and/or cannot reasonably lead to the discovery of admissible evidence.

However, I must caution you that courts do allow a great deal of leeway in discovery requests and if the attorney files a motion to compel the information being sought and the judge finds it is reasonable and relevant and grants the request, you could be ordered to pay the employer's attorneys' fees.

This is something parties are required by the courts to meet and confer on before going to court. Good luck with this.

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Answered on 3/11/11, 4:02 pm


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