Is there any way to avoid my wife being deposed in my wrongful termination suit against my old employer?

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Is there any way to avoid my wife being deposed in my wrongful termination suit against my old employer?

I have a civil suit with my previous employer for wrongful termination (discrimination and harassment) . The defense attorney has made mention that he will want to depose my wife, which he knows will only exacerbate the undue stress we already have being unemployed. Is there any way or reason to assert some kind of spousal privilege to avoid her going through this horrible process? If this goes as far as a trial, my wife cannot testify anyway, so what requirement or purpose does it ultimate serve? Her job has no paid days off and med insurance could be canceled if she misses work.

Asked on December 31, 2011 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to be aware that under the Evidence Code of all states in this country, the testimony of your wife as to what you said could very well be privileged communications where she would not be required to state what was said based upon the marital privilege assuming a timely objection is raised.

One way to prevent her from losing time from work for her deposition is to have her deposition on a weekend. Unfortunately, under discovery rules, the other side has the right to depose her as a possible witness in your wrongful termination lawsuit.

I recommend that you speak with your attorney as to the timing of your wife's deposition on a weekend. Most cases settle before trial.


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