• Successes

    Careful Planning of Deposition Results in Dismissal of Retaliation and Discrimination Claims

    We have a track record of successfully and economically defending claims involving employment discrimination and retaliation. By developing a well thought out litigation strategy early in the case and executing it effectively, we have succeeded in obtaining early dismissals of claims brought against our clients. For example, we forced a plaintiff to agree to dismiss her worker’s compensation retaliation case against our client before we completed the first deposition by strategically confronting the facts at the deposition.

    The plaintiff had claimed she was sexually harassed by a manager, but did not timely file a claim of sexual harassment. At her deposition, she was asked about the sexual harassment, and it became clear this was the focus of her attention rather than the claim of worker’s compensation retaliation, which was timely filed. The alleged harasser was an openly gay male and the plaintiff was female, but she insisted he sexually harassed her nonetheless. By the end of the questioning, the plaintiff admitted no one else who worked for the client treated her inappropriately and she attributed all of her employment troubles and damages to the alleged sexual harassment.

    Only after those admissions did we begin asking about her worker’s compensation injuries and claims, all of which happened before the alleged sexual harasser became her manager. Eventually, through skillful questioning and strategy, the plaintiff admitted that none of our client’s managers ever disciplined or threatened to take any adverse action against her because of her worker’s compensation claim. In fact, she admitted no one as much as said anything negative about her claim for worker’s compensation. She also admitted she did not attempt to find comparable employment after resigning her employment with our client. Even if she had a claim, she was not entitled to recover any lost wages because she had failed to make any effort to mitigate those losses.

    Given this damning testimony, we took a break from the deposition and persuaded the plaintiff’s attorney that the plaintiff should agree to dismiss her claim with prejudice within 10 days in exchange for our client not seeking sanctions. The plaintiff’s agreement was placed on the record of the deposition, and the case was effectively over with very little expense to our client.

    Related Attorneys
    David S. Shankman
    Kendra D. Presswood

    Related Practice
    Labor and Employment

    Related Attorneys

    David S. Shankman
    Kendra D. Presswood

    Related Practice

    Labor and Employment

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