Speak with a San Jose Employment Lawyer Before Discussing Your Case to Others
Before speaking with a San Jose employment lawyer, be very selective in how you choose to discuss your case. Most employees make the mistake of using email accounts, telephones and fax machines at work to discuss their cases when employer-provided communication devices should never be used.
Employers Record Employee Communications
In some organizations, employers are recording all incoming and outgoing communications among employees. Copies of emails, in particular, are most likely stored in more than one location.
Be Careful Not to Compromise Attorney-Client Privilege
Communication between you and your San Jose employment lawyer is privileged information, and no attorney wants that information revealed. Further, the law is unclear whether attorney-client privilege applies if an employee uses employer property to communicate. Therefore, the outcome of your case may hinge on your use of these devices.
Limit Conversations to Your Attorney Only
Never discuss your employment case with anyone other than your San Jose employment lawyer. Conversations with anyone who is not an attorney are not privileged and can do more harm than good to your case. Moreover, deposition time increases because the opposing side is entitled to go through each conversation meticulously. When more witnesses are involved, this increases the cost of the case. Making simple mistakes such as talking to other people can severely damage your chances of winning.
Here are several employment case examples of what can happen.
Example 1: While talking to his best friend, a plaintiff mentioned his “bottom line” dollar amount for accepting a settlement from his employer. The amount was lower than the conservative estimate at which his attorney had valued his case. During mediation, the defendant employer gave their final best offer – and it was the plaintiff’s “bottom line.” Later, he found out that his best friend repeated their conversation to someone and his employer eventually found out about his comment.
Example 2: A plaintiff shared her attorney’s views on the strengths and weaknesses of her case, including supportive witnesses and witnesses that could be harmful to the case. Subsequently, the boyfriend told her employer everything she had said after he caught her cheating on him.
Example 3: A plaintiff’s good friend and co-worker promised to be a “star witness” for the plaintiff’s lawsuit after hearing all the details. After receiving a huge promotion at work, the friend was no longer willing to cooperate on the plaintiff’s behalf.