Does subpoena deposition override employee confidentiality contract?

[coffeehead]

What is the name of your state? Vermont.

Years ago I signed a employer confidentiality agreement (there was no term of expiration on the agreement). I stopped working there 5 years ago. Now there is a lawsuit between the employer and another employee and I am being subpoenad for a deposition (I have nothing to do with the case, it's just that I used to work there and know employer practices). Am I legally allowed to answer the deposition questions since it will violate my employee agreement? If it makes any difference, there are two separate cases I'll be deposed for: The first is a felony charge against this other employee (now an ex-employee) and the second is a civil lawsuit the ex-employee is brining against the owner of the company. Many thanks!

 

[rmet4nzkx]

Who issued the subpoenas?
It would be wise to consult an employment law attorney to review the agreement and it's implications for you in this case and to accompany you to the deposition/hearings if needed.

 

[You Are Guilty]

Actually, I wouldn't be surprised if your ex-company offered to provide you with an attorney (or at least prepare some sort of confidentiality agreement) if they are truly concerned about proprietary information getting out. Drop them a line and let them know you were served with a subpoena and see what they say.

 

[coffeehead]

I already did contact the employer and asked for a copy of my signed agreement, so they are aware that I've been subpoenad. As to who subpoenad me: The defending laywer of the ex-employee, BUT the District Attorney for the state of Vermont is going to "cross" deposition me at the same time. Sounds like I need to contact an attorney which I was hoping to avoid! Any other thoughts for me? Thanks!

 

[I AM ALWAYS LIABLE]

I already did contact the employer and asked for a copy of my signed agreement, so they are aware that I've been subpoenad. As to who subpoenad me: The defending laywer of the ex-employee, BUT the District Attorney for the state of Vermont is going to "cross" deposition me at the same time. Sounds like I need to contact an attorney which I was hoping to avoid! Any other thoughts for me? Thanks!

My response:

Either file a Motion to Quash the Subpoena, or a Motion for Protective Order.

IAAL