Legal Question in Business Law in Vermont

Do deposition questions override employer confidentiality agreement?

Years ago I signed a employer confidentiality agreement (there was no term of expiration on the agreement). I stopped working there 5 years ago. Now there is a lawsuit between the employer and another employee and I am being subpoenad for a deposition (I have nothing to do with the case, it's just that I used to work there and know employer practices). Am I legally allowed to answer the deposition questions since it will violate my employee agreement? If it makes any difference, there are two separate cases I'll be deposed for: The first is a felony charge against this other employee (now an ex-employee) and the second is a civil lawsuit the ex-employee is brining against the owner of the company. Many thanks!


Asked on 10/01/05, 7:46 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Do deposition questions override employer confidentiality agreement?

You should notify the employer that you will be questioned about confidential matters and give it a copy of the deposition notice and subpoena from the criminal case. The company may waive confidentiality but probably won't. It has the right to seek a protective order from the court to protect its confidential information and will probably want to do so.

Since the company is a party to the civil suit it must already know about that deposition. It will likely seek a protective order there as well, and if it does your deposition probably won't take place until the motion has been decided.

This is the company's fight and not yours; there is no reason you should risk sanctions or pay for lawyers to protect the company's secrets. But if you don't tell them about the criminal depo in time for them to act, you may find yourself forced to decide between the risk of court sanctions on the one hand and the risk of a lawsuit from the company on the other.

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Answered on 10/02/05, 10:08 pm


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