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Re:Margaret Mitchell fired from Google by ajb on Saturday February 20, 2021 @05:50AM (#26203217)
So,if you are being abused by your boss via email, you can't give the evidence to a lawyer, but first have to apply for a court order without showing any evidence in order to get the evidence? I think this is unlikely to be the law, and if it is, it shouldn't be.
Re:Margaret Mitchell fired from Google by pseudalopex on Saturday February 20, 2021 @08:42AM (#26204022)
Different jurisdictions have different rules. But legal counsel is a common exception to NDAs.
Re:Margaret Mitchell fired from Google by WalterBright on Saturday February 20, 2021 @05:58AM (#26203252)
IANAL, but that's what "discovery" is for.
Re:Margaret Mitchell fired from Google by Zuider on Saturday February 20, 2021 @06:31AM (#26203388)
But without solid evidence of some sort, one cannot establish that there is a case fit to be heard in court, and so there will be no discovery. It is a bootstrapping problem.
Re:Margaret Mitchell fired from Google by username90 on Saturday February 20, 2021 @06:57AM (#26203499)
Witness testimony is evidence.
Re:Margaret Mitchell fired from Google by pydry on Saturday February 20, 2021 @06:53AM (#26203477)
I've never heard of discovery being applied to ones own communication.
Re:Margaret Mitchell fired from Google by username90 on Saturday February 20, 2021 @06:56AM (#26203494)
Your word is evidence, then they can use that to look for more evidence including checking emails.
Re:Margaret Mitchell fired from Google by ajb on Saturday February 20, 2021 @09:20AM (#26204246)
Well, that's true. But you're still having to give your employer notice that you are talking to a lawyer before the lawyer has seen anything. This seems seriously unfair, and I hope that NDAs are not enforceable under such circumstances.

[edited to add ] Also it seems like it would be a big waste of the courts time.