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Supervisor Subpoenaed to Testify Against Employee

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Doreen

Member
What is the name of your state (only U.S. law)? CA

Can a defendant’s supervisor at work be subpoenaed and ordered to testify and produce documents in regards to what was stated in a private conversation that occurred when the supervisor counseled and warned him over a personal incident with a coworker that occurred on company property?

The defendant is being sued by the coworker over the incident, and is denying the allegations. However, the supervisor previously acknowleged to the plaintiff the employee admitted the allegations to him.

Is there any privilege the employer or supervisor can assert to avoid testifying?
 


Doreen

Member
aw shucks, can't anyone help?

Is there really no way for the defendant to dodge the bullet on his employer being subpoenaed to testify? The defendant is so sure of himself that his employer can't testify, and it would just break his heart to find out he is wrong :(
 

CSO286

Senior Member
aw shucks, can't anyone help?

Is there really no way for the defendant to dodge the bullet on his employer being subpoenaed to testify? The defendant is so sure of himself that his employer can't testify, and it would just break his heart to find out he is wrong :(
Prepare for heartbreak. The supervisor can absolutely be compelled to testify.
 

eerelations

Senior Member
aw shucks, can't anyone help?
No, sorry, we can't change the law. Unless the supervisor was a licensed therapist, ordained priest or an attorney and acting in that capacity when conversing with the employee, then the conversation is not privileged. Period. If you ask this question again, you'll just get the same answer.
 

CSO286

Senior Member
No, sorry, we can't change the law. Unless the supervisor was a licensed therapist, ordained priest or an attorney and acting in that capacity when conversing with the employee, then the conversation is not privileged. Period. If you ask this question again, you'll just get the same answer.
Wouldn't one other possible exception be if the employee and supervisor were married? (though I would think that if that were the cse, we'd have been informed of that...)
 

Mass_Shyster

Senior Member
Can a defendant’s supervisor at work be subpoenaed and ordered to testify and produce documents in regards to what was stated in a private conversation that occurred when the supervisor counseled and warned him over a personal incident with a coworker that occurred on company property?
Testimony regarding out of court statements is often inadmissible as hearsay.
 

tranquility

Senior Member
Or, if the conversation happened when they were married, but they're not now, or, the conversation happened before they were married, now they are married and neither wants to testify.

As to hearsay, this is a clear exception:
CAL. EVID. CODE § 1220
Evidence of a statement is not made inadmissible by the hearsay rule when offered against the declarant in an action to which he is a party in either his individual or representative capacity, regardless of whether the statement was made in his individual or representative capacity.
 

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