Defending Depositions of Employer Witnesses in an Employment Litigation


This practice note explains how to prepare for and defend depositions of employer witnesses in employment litigation. Defending an employer's witness rarely allows a management-side attorney to “win” in employment litigation. However, the plaintiff does have a major opportunity to “win” at this stage. Even where the employer has solid defenses for the action at issue, the deposition may allow the plaintiff to undercut the employer's defenses.