Plaintiff’s credibility accounts for a large part of what jurors are looking at when evaluating employment cases

The plaintiff’s credibility accounts for a large part of what jurors are looking at when evaluating employment cases. Of course there are exceptions but most plaintiffs in a typical discrimination, harassment or retaliation suit have a spotty work history or performance problems. The trick for defense counsel is to bring these to the jurors’ attention subtly.

* Don’t highlight policies and procedures that are not enforced as a reason for termination (yes I still see this. Someone is fired for violating a policy, but there is no paper trail.)

* Don’t bring up outside activities to try and discredit the plaintiff, including hobbies, dating or travel, unless it violates some company policy. Jurors as employees do not like to feel like even if they perform at work, they may get in trouble for what goes on at home.

* Focusing on supporting your case rather than tearing down the plaintiff. In other words, focus on violations in company policies and procedures, evidence of insubordination or poor work product.
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Location Oakland, Ca - Private Investigator