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  1. #1

    Default Why Does My Former Employer Want My Entire Job History

    My question involves labor and employment law for the state of: California

    To sum up everything that has happened: I filed a EEOC form accussing my employer of discrimination based of nation origin, age discrimination, disability etc. What prompted me to file this form was that my employer began harrassing me and treating me differently than the rest of the other workers-in an effort to make me quit. The treatment was blatant and disrespectful and tjhey basically lied about me. I was passed over fr promotions and was harrassed. I developed a heart problem due to stress while at the company and informed everyone. After a year they figured I was not going to leave and so I was "laid off". I asked the state for the right to sue-and obtained an attorney and the case has been removed from State to Federal with a court date scheduled.

    Now the plantiffs attorney has asked me for a deposition and has requested a myriad of paperwork-everything from medical records, email exchanges between my former employer and me, but they are also asking me to submit proof of every job I have applied to since being laid off? They are aksing for all of my W-2 from high school until present? And paperwork from my unemployment compensation.

    Why are they asking for all this? I can understand the medical paperwork and the email exchanges from my last employer but I dont understand why are the other papers?

    How will the deposition be? Should I be scared? I have a heart condition and dont want to be accosted or treated by the plantiffs attorney in a deaming manner.

    Any suggetions would be appreciated.

  2. #2
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    Default Re: Deposition

    Because you have made shotgun allegations of discrimination and they are required to defend themselves from you. You don't get to claim discrimination, then have someone say cool, here is a million bucks. If you have lived through all the trauma of being discriminated against, you can handle a few attorneys.

  3. #3
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    Default Re: Why Does My Former Employer Want My Entire Job History

    I expect that they intend to flyspeck your application to see if you lied in order to get the job and, if so, will use that as a defense to any claim for damages.

    Also, your earning history and capacity is relevant to any claim you are making for lost income or earning capacity.

  4. #4

    Default Re: Why Does My Former Employer Want My Entire Job History

    Not sure what you mean?
    I entered the job right out of high school.
    But why does the DEFENSE attorney want all this other documentation?

  5. #5
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    Default Re: Why Does My Former Employer Want My Entire Job History

    Not sure what you mean by entering the job right out of high school, what does that have to do with what Mr. K said?

    The DEFENSE attorney (yes we do know which attorney you're talking about ) is probably planning to closely inspect ("flyspeck") your written interactions with your former employer to determine if you've ever lied to your former employer.

    The defense attorney wants to see all your previous financial records and your UI records to see what kind of compensation you might be asking for should the defense attorney try to settle.

    This is pretty much exactly what Mr. K told you, hope you get it this time.

  6. #6
    Join Date
    Jul 2012
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    479

    Default Re: Why Does My Former Employer Want My Entire Job History

    I'd presume that you've discussed these interrogatories and requests for documents with your attorney. They're asking for everything because ... they can. And it's up to your attorney to come up with the usual responses as it relates to stuff that's overly burdensome and not sought because they think something worthwhile will come of it but because they're trying to overwhelm.

    Ask your attorney for guidance about the deposition.

  7. #7

    Default Re: Why Does My Former Employer Want My Entire Job History

    What I meant was that prior to my employment with the company that I am suing-- I only worked 2 other jobs at the ages of 18 and 19- then I got hired by the company where I remained until I was harrassed and laid off about 20 years. So I dont know why the defense is asking for these old W2 from way back then?

    Ever lied to my former employer? About what? Sorry this is rather confusing at times and very convulated situation -but I do appreciate the help! Thanks so much.

  8. #8
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    Massachusetts
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    Default Re: Why Does My Former Employer Want My Entire Job History

    It's been explained to you twice, but I'll try a third time.

    They want to see your W-2s because your earning history is relevant to any claim for damages you may be making, and they are not inclined to take your word for what your earning history has been. They want to see proof.

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Why Does My Former Employer Want My Entire Job History

    How will the deposition be? Should I be scared? I have a heart condition and dont want to be accosted or treated by the plantiffs attorney in a deaming manner.
    a deposition is typically a simple question and answer session. The other attorney doesn't have to be nice to you but they are not going to be yelling and screaming at you either. They may be rude and even demeaning at times. Your lawyer will say something if the other lawyer gets out of hand.

    and if you are so feeble due to your heart, your future ability to earn anything is surely limited. That could be a bad thing for you.

  10. #10
    Join Date
    Sep 2011
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    Default Re: Why Does My Former Employer Want My Entire Job History

    Why are they asking for all this? Because they CAN. They want to dig through everything they can get their hands on to see if it's either (a) relevant to your present lawsuit and/or (b) see if they can find something to discredit you. They aren't sure what they're looking for or what these records will contain so they want to get hold of everything that might possibly provide them with a legal strategy or line of inquiry. They might also just be trying to make the process as difficult as possible for you.

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