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.
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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.
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.
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.
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.