Brandy Austin Law Firm PLLC
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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 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.