We have assisted with many types of employment litigation, including discrimination (sex, race, age, national origin), hostile work environment, whistle-blower, retaliation, “golden parachute” cases, union disputes, stock option disputes, wage and hour claims, donning and doffing cases, and a variety of other employment cases. We have provided research, case strategy assistance, witness preparation, and jury selection assistance for a wide range of clients, including utilities, local and state governments, legal and accounting firms, airlines, the microelectronics industry, insurance companies, banks and securities firms, and a variety of manufacturers including drug, food products, heavy equipment, and aircraft. Our experience preparing employment litigation defense witnesses for deposition and trial over the years has made us aware of the unique stressors and communication challenges these witnesses face. CEOs who feel responsible to testify where they may lack personal knowledge, middle managers who shoulder personal responsibility for human resource conflicts, and lower level employees who unrealistically associate job security with their courtroom performance are just a few examples of employment defense witnesses that require special preparation.
An Example of Our Experience in Employment Litigation
We assisted a large retail chain in a wage and hour class action employment dispute. In doing so, we found that jurors’ staunch feelings of independence temper their unique loyalty to the companies they perceive as being good employers in the state. Our mock trial research informed our case strategy – balancing the story of why the employer did the right thing in calculating employees’ time and overtime with the story of why thousands of employees were incorrect in their claims against our retailer client.