It is important when you are being deposed by counsel for the opposition that you be on the alert for words, phrases or questions designed to trip you up.
Watch out for the defense counsel’s use of language. Examine each question before you reply to ensure that it purports nothing that is inconsistent with the facts. To illustrate:
Q. How did your employer discipline my client?
A. They did not.
Q. Are you certain of that?
A. He said it himself. He was proud that he could get by with that kind of behavior. It was a joke to him.
Q. But they released him, right?
A. He left the company, but he left on his own. He took a better offer, and the company gave him an excellent reference.
By saying “released him,” opposing counsel is hinting that the defendant was involuntarily terminated as a disciplinary act.
Stand Up for Yourself
Don’t let opposing counsel push you into saying what they want to hear. Consult your attorney during a recess if you feel the need to amend a previous answer.
Mind the Euphemisms
Don’t let the opposition soften the incident by using gentler words. Your charge against the defendant is that you were unlawfully harassed, not “upset” or “made unhappy.” Be careful of euphemisms describing the loss of your job. It was neither a termination nor a separation. It was not a release. The company fired you.
Before you even consider complying with a request from the opposition, refer the request to your attorney for approval. Keep everything that you and your lawyer talk about in the strictest confidence. It is privileged information.
Let Us Protect You
We have the expertise and experience to spot these kinds of tricks. Contact your Orange County employment lawyer, Daily Aljian, LLP, by calling 949-861-2524 today.