MRW Partner Dahlia Rudavsky Quoted in Media Supporting Plaintiff Rights in Labor Lawsuit
MRW partner Dahlia Rudavsky was recently quoted in Mass Lawyers Weekly in connection with a case involving a teacher who had filed claims against his former employer, a Northampton vocation school, after the school brought unfounded criminal charges against him. The teacher had scheduled depositions of the school’s various officials. The school asked the court to prevent the depositions in order to protect the privacy rights of other employees, about whom the teacher was seeking information. In her remarks to Lawyer’s Weekly, Rudavsky agreed strongly with the judge’s decision permitting the plaintiff to gather relevant evidence about his former employer’s actions regarding other employees through depositions.
Attorney Rudavsky noted the difficulty employees often face when seeking to discover evidence, given that they lack access to nearly all information held by the employer. “The case illustrates a conundrum typical of employment cases, where most of the information needed is possessed by the employer, and the plaintiff employee has no realistic way to secure that information outside the discovery process.”
In response to concerns about the other employees’ privacy rights, Rudavsky explained that “long-settled principles” maintain that discovery of potentially relevant evidence trumps those employees’ privacy interests, especially since there are ways to protect those privacy rights at trial.