California Surveyors Forums

Yes,if the employee was present when the work was being done. The non-licensed employee can testify to the facts but may not offer a professional opinion.

Example:

OK examination:

Q: Did you set the pipe near the fence?
A: Yes.

Q: Was it a normal practice at your company to use plastic plugs when setting monuments?
A: Yes?

Not OK examination:
Q: Do you think that this was the right place to set the property corner?

Objection: That question requires a professional opinion for which this witness is not qualified.

Employees get deposed all the time.

I had a couple of employees do a "little favor" for a client and incorrectly set some property lines. I was sued.
During the process, plaintiff's attorney demanded to depose my (former) employees.

One of the guys left the area for parts unknown. The other guy was Unfortunately deceased in an auto accident. We tried to explain this to counsel, however, we finally reluctantly disclosed the address of the deceased, (the cemetary, lot and plot) They actually went out there to find him !!

We settled out of court . . but I found it disturbingly amazing how far they were willing to go to find more pockets to empty.

not "Good"