Q: Employment agreement and expert witness work
My contract says I can serve as an expert witness “in a lawsuit, if not related to my employment at **.” Does this mean I’m allowed to expert witness as long as the suit doesn’t specifically relate to my employer or anyone also employed by the same company? OR does it restrict any expert witness work that involves the same knowledge/expertise that I use in my professional duties at my company?
A:
The excerpt of your contract included in your question standing alone could be interpreted either way. A court, construing this language, would consider the entire agreement along with the facts and circumstances existing at the time the agreement was signed, the manifest purpose of the agreement, along with any course of conduct between your employer and yourself since the signing of the contract.
My recommendation is that you address the specific expert witness work you would like to do with your employer and clarify your agreement before commencing such work.
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