What Is a Deposition?
A deposition is an important part of the discovery portion of a wrongful termination suit. The best way to describe it is an answer and question session.
- An attorney who represents one of the parties in the suit will ask witnesses questions in order to determine what information they have that pertains to the case
- A deposition is not a heated exchange and is not intended to be hostile even during cross-examinations.
The Importance of Court Reporters
A good court reporter New York relies on can increase the effectiveness of the deposition transcription when it is used during the trial. Both legal teams benefit from accurate documentation of the information discovered during a deposition. As a result, a court reporter has a valuable role to play in the legal process.
A Focus on the Work Environment
Depositions are very important because they may be the reason a case goes one way or another, or someone gets caught committing perjury. Depositions for wrongful termination suits will likely include a number of questions that focus on the workplace environment. This may include:
- The company’s history of previous litigation, including wrongful termination suits.
- Previous employee complaints about the company for similar issues
- Employee turnover.
10 Important Deposition Questions for a Wrongful Termination Case
Depending on the circumstances of the case, the questions asked will vary but the following are very common in wrongful termination depositions:
- Did the supervisor give the plaintiff formal verbal and/or written warnings about their performance, and was this documented?
- If the plaintiff was given formal warnings, what was their response? Were the plaintiff’s response(s) in writing?
- Did the plaintiff ever receive positive evaluations or promotions?
- What disciplinary actions, if any, were taken against the plaintiff prior to their termination?
- Is there a written policy in the employee handbook related to the reason given for why the plaintiff was terminated?
- In relation to why the client was terminated, was training made available to them to rectify the issue? Did the employee take advantage of said training?
- After receiving a first warning, did the employee repeat the same behavior that led to the initial warning?
- What are the company’s procedures for disciplinary action and are they legal and ethical?
- Was there a friendship or sexual relationship between the plaintiff and supervisor?
- If so, was the plaintiff unsatisfied or wanting to end the personal relationship with the supervisor?
Making a strong case means asking the deposition questions that explore the employee’s work history. It can be emotionally exhausting for all concerned but the process is a necessary part of seeking justice. If the employer violated the plaintiff’s civil rights, the discovery process is intended to establish a basis for a strong case. If you believe you have been wrongfully terminated from your job, talk to an employment lawyer who can review your case and offer legal guidance.
Thanks to our friends and contributors from Veritext for their insight into court reporting and depositions.