What to Ask an Employer in an Employment Lawsuit Deposition?

Question from Bleustar, What to Ask an Employer in an Employment Lawsuit Deposition?

Answer from AI:

When deposing an employer in an employment lawsuit, it’s crucial to ask questions that will elicit information relevant to your claims. The deposition is an opportunity to gather evidence and assess the strength of the employer’s case. Here are some categories of questions that may be pertinent, especially in a case involving wage and hour claims, retaliation, discrimination, and physical assault:

General Questions

• Can you describe your role and responsibilities within the company?
• How are employment decisions made at the company, and who is involved in those decisions?
• What are the company’s policies regarding employee evaluations, discipline, and termination?

Wage and Hour Questions

• How does the company track and record employees’ work hours?
• Can you explain the company’s overtime policy?
• How are employees classified (exempt vs. non-exempt), and what criteria are used for this classification?

It is generally permissible to ask about the wages of other employees if it is relevant to your case, such as to establish patterns of wage disparity or to prove wage and hour violations.

Retaliation and Discrimination Questions

• Can you provide examples of how the company has responded to past complaints of discrimination or retaliation?
• What steps does the company take to prevent discrimination and retaliation in the workplace?
• Were there any adverse employment actions taken against the plaintiff? If so, what were the reasons for those actions?

Questions About the Physical Assault Claim

• What is the company’s policy on workplace violence?
• Were there any witnesses to the alleged assault, and what are their accounts of the incident?
• What actions did the company take upon learning of the alleged assault?

Document Requests

• Can you provide all relevant employment records for the plaintiff, including performance evaluations, disciplinary records, and pay stubs?
• Are there any emails, memos, or other communications that pertain to the plaintiff’s claims?
• Does the company have video surveillance or other evidence that could pertain to the physical assault claim?

Additional Considerations

Remember that the relevance and admissibility of questions can vary based on jurisdiction and the specific circumstances of your case. It’s important to tailor your questions to the facts at hand and to follow the rules of civil procedure and evidence.

Consulting with a legal professional is essential for personalized advice and to ensure that your deposition strategy aligns with your legal objectives. An attorney can help you craft questions that are likely to yield useful information and can advise you on the legal implications of the answers you receive.

For more information on depositions and employment law, you may refer to resources such as the U.S. Equal Employment Opportunity Commission (EEOC) or the Wage and Hour Division of the U.S. Department of Labor.

Note: This information is not legal advice, and it’s important to consult with an attorney who can provide guidance specific to your case.