Legal Question in Employment Law in California

I am currently in mandatroy arbitration with my previous employer and their lawyers are telling me things I'm not sure are ture.

Am I required to give their lawyers a deposition of myself and if so can they ask anything or can I plead the 5th on certain questions.

the company lawyers are saying I am required to give them every piece of documentation (notes etc) I have relating every one of my witness because I have no attorney client privilege because I have no attorney. Is this true?


Asked on 10/14/10, 12:35 pm

1 Answer from Attorneys

I'm assuming you are in an arbitration that provides for full discovery. If so:

1. "The 5th" is a privilege against self-incrimination. So unless they ask you if you committed a crime or questions related to criminal activity, you cannot "plead the fifth." There are a great many other limitations on what they can ask, besides "the 5th," but unless you are represented by counsel there will be no one to raise objections and instruct you not to answer.

2. Yes, it is true. Anything "reasonably likely to lead to the discovery of admissible evidence" must be disclosed. In otherwords "fishing expeditions" are completely allowed.

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Answered on 10/19/10, 1:09 pm


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