Posted by Robert Bruce on 1/10/04

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I asked this question on another forum, but I think it
belongs here instead. It's a difficult question for me to
word properly.

When an attorney takes a deposition from a witness, is
it true then, that the attorney's client knows at the same
time?
Ugh, I rewrote that question 5 different ways, and I
still don't like the sound of it.
Try this... When an attorney is served with a subpoena
for his client, then the court assumes that is the same as
serving the client, right?
So, here is the scenario...
I (the plaintiff) had to appear at a deposition
requested by the defendant's attorney. I answered all the
questions posed by the defense attorney and everything went
smooth.
Later, (3 months later) the defendant 'client' (not the
attorney) claimed they had not received the deposition from
their attorney. My response is that I don't care if the
client received it or not, since I provided the deposition
to their attorney, then I consider that the same as if I
had provided my testimony directly to the defense party
themselves.
So, I hope that explains the nature of my question.

Now, to explain the basis for the question, but I am not
seeking advice for the following situation, only for the
original question above. This is here to provide a
background.

I was terminated by my employer for 'insurance fraud'.
Since I am a Union member, I have the right to a hearing so
that a panel can hear arguments from both sides. According
to my contract, an employer only has 5 days in which to
enact disciplinary action against an employee. The 5 days
begins from the moment the employer discovers a potential
reason to discipline.
My employer claims that they became aware of my alleged
offense on October 1, therefore discharging me on October
2. I was terminated because the employer had discovered
that I was engaged in outside sports while I was collecting
worker's comp benefits. However, this is where the question
above comes in to play...
In August, during that deposition, I testified that I
was actively engaged in a sporting activity and (according
to my argument)if the employer wanted to discharge me, then
that's when the '5 day' timeframe would of begun. However
at the Union hearing, the employer claims they had never
received my deposition and were not even aware of it's
existance. (The employer discovered I was playing sports
through a private investigator which is another story all
by itself). So, the 2nd level hearing is this month, and I
want to bring some law, or case cite, or something that
indicates when an attorney receives key information, then
it is safe to assume that information was properly
disseminated to the client. Obviously, I can't request
attorney/client communications.
Also, whenever I tell this story, someone always has to
chime in with calling me a cheat, or a criminal, or
something rude. So, this time (sigh) I will include a
copied post to avoid these rude people..........

>>> Injured on the job, filed and collected Worker's Comp
benefits.
While off duty, the company's insurance carrier hired
private investigators to follow and document my activities.
During this period, I was taking my son to play a sport
called 'paintballs'. Occasionally I would join in and
participate in the sport as well. It felt good to walk
around and strengthen my leg. I also made sure to notify
the company doctor that I was out there and participating.
Apparently, the private investigators had confused
someone else on the field with me. They followed someone
else around and took video footage of him playing
paintballs, and running down a hill, and then jumping over
a creekbed. They then created a written report and turned
over the video and report to my employer and company
doctor. The company doctor and employer admitted they did
not watch the video, but instead relied on the written
report generated by the PI. After reading the report, the
company doctor concluded that I was doing more than just
walking around and strengthening, he indicated that I
misrepresented my ankle injury and dischrged me from his
care. Once my employer received the investigator's report
and doctor's report, I was then terminated for 'theft of
benefits'. It was not until later that I was able to watch
the videos, and that's when I discovered it was not me on
the tape that was running, jumping, and diving.
So, am I a victim of defamation, slander, or liable and
do I have recourse against any of the entities involved?
Especially the private investigator for generating an
erroneous report that resulted in 3 months of lost income,
and damage to my reputation. Everyone at work believes I
committed insurance fraud, and rumors were spread that I
had been arrested. Not to mention the incredible emotional
stress I have gone through.. I have since been unable to
find work since I have to tell potential employers that I
was terminated for 'insurance fraud'.
Is it also true that there is a law somewhere that
provides damages against an outside third-party interfering
with and destroying a contractual agreement between
employee and employer.
Yes, I am a union member, therefore I am not an at-will-
employee. I have a contract that states I can only be
terminated for 'just cause'. I was employed with my company
for 13 years.

Re: When does the client know?, 1/15/04, by Prairie Dawg.

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