Defense Interviews of Co-Workers and Supervisors in a Lawsuit against an Employer

by | Jun 5, 2017 | Employment Law | 0 comments

When you are engaged in a lawsuit with your employer or former employer, there are strategies the employer’s defense attorney will use in the case. Your Michigan employment attorney is aware of these tactics and will explain them to you while combating them.

Who Will Be Interviewed and What Will Be Asked?
The attorneys representing the defendant will conduct interviews of personnel—people in management, people you worked with, and anyone else—who might have information that pertains to the case. This could include those who made the decision to terminate your employment, those you allege to have committed harassment, individuals who could have given the employer information for your dismissal, other workers who might have witnessed the alleged discriminatory practices, and others named in the filing. Your Michigan employment lawyer will explain to you in detail who will be interviewed.

These witnesses will receive separate interviews and the questions will involve: what the witness does at the company; what the witness’s relationship is between you and the person you are accusing of harassment or discrimination; conflicts in the workplace; problems with performance; what the witness knows of the alleged discriminatory practices; if you are the subject of hostility; and if there have been other employees who have experienced the same problems you are alleging.

What Will Happen during the Interviews?
The interviews will be conducted by the lawyer representing the employer. The attorney is likely to:

a) Provide an explanation as to what will happen in the interview and other preliminary issues.

b) Provide an explanation that the conducting of the interview is a portion an employer’s investigation.

c) If necessary, provide an explanation that the person being interviewed has not been implicated as having done anything wrong, but that the individual has information regarding the allegations in the case.

d) Provide the explanation that in spite of the possible unpleasantness and uncomfortable nature of the interview, it is required to learn about what occurred so the employer is able to defend itself from the case filed by you and your Michigan employment attorney.

Other Interview Facts and Possibilities
In addition, the attorney for the defendant will do the following:

a) Entreat the individual to be truthful and open regardless of whether the answers will help or hurt the employer.

b) Detail the illegality of the employer condoning or allowing a retaliatory attempt against you or against the witnesses for taking part in the investigation.

c) End the questions in a manner that allows for expansive replies to see if the witness can provide additional information or holds documentation that could be important to the allegations presented in the case by you and your Michigan employment lawyer.

d) Adhere to attorney-client privilege and advise the witnesses that nothing said in the interview should be shared with others.

How the Interview Process Might Help Your Michigan Employment Attorney
The employer’s lawyer will make in-depth notes from the interview and determine which witnesses might be useful to the defense or might assist a Michigan employment attorney in proving the case against the employer. The defense attorney will also study the testimony to see if anyone is being inconsistent to find weak points in defending the employer—weak points that a Michigan employment lawyer might be able to exploit on your behalf.

Speak to a Qualified Michigan Employment Attorney
If you or a loved one are in need of legal assistance regarding a case of discrimination, harassment, unjust dismissal or for any other work related issue, it is important to speak to an experienced Michigan employment attorney and the Law Offices of Christopher Trainor & Associates can help you. Contact the Law Offices of Christopher Trainor & Associates at 800-961-8477 today to discuss your case.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

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