Legal Question in Civil Litigation in Texas
employment agreement not to compete
a Motion to compel has been ordered by the judge for the defendant to answer discovery about clients and products sold after the defendant was terminated. If defendant answers honestly he will incriminate himself. Can defendant plead the 5th?
2 Answers from Attorneys
Re: employment agreement not to compete
Incriminate how? By admitting violation of the non-compete? Unless the violation is also a crime, there's no privilege not to repond to discovery that hurts your position in a civil matter. The Fifth Amendment only applies to statements that tend to incriminate the witness in an actual or potential criminal prosecution.
Re: employment agreement not to compete
A person can plead the 5th in a criminal or civil trial if testimony would implicate him criminally. Now if that testimony would make him liable in a civil context, then he can't plead the 5th just for that reason.
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