In this blog, a Costa Mesa employment law attorney exposes some of the pitfalls that can occur during your deposition by opposing counsel and how you can protect yourself from falling into them.
Carefully Weigh The Question
As the defense counsel questions you, he or she may attempt to set a trap for you by using deceptive language. Consider the following:
Q. What did your employer do to my client in response to your charge?
Q. Can you be sure?
A. Yes, from the way he boasted about getting off scot-free.
Q. He doesn’t work there now. Did they let him go?
A. He wasn’t fired. He quit to take a better job with the company’s written endorsement. He boasted about that, too.
Notice the use of the words “let him go.” Counsel for the defense was trying to push the plaintiff into saying that their client lost his job as result of the harassment and was disciplined thereby.
Don’t Bow To Pressure
Counsel for the opposition may attempt to use intimidation to provoke a desired response from you. Stand your ground. Do not change or retract an answer to any question without consulting your attorney during a recess.
Watch The Terminology
Be alert to the phrases that the opposition uses. The company did not “let you go,” nor did they “release” or “separate” you. They “fired” you. Your grievance against your coworker was not that you were “made to feel uncomfortable.” Your grievance was that you were subjected to “harassment in violation of the law.”
Check with your Costa Mesa employment law firm attorney before consenting to a request by the defense counsel, regardless of what it is. Maintain all attorney-client confidences and discuss nothing your lawyer has not approved.
Call Us Today
You don’t have to endure a hostile situation. Call Daily Aljian LLP, your Costa Mesa employment law attorney, at 949-861-2524 to protect yourself and your rights.