LAW OFFICE OF ARKADY ITKIN
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Deposition Tips for Employers in Employment and Wrongful Termination Cases 

  • The goal of your testimony at your deposition is to only answer the questions asked; not to prove anything to the deposing attorney or try to win your case at the deposition. 
  • Understand the law that applies to your case.  This will help you avoid giving bad answers that undermine your position in the case.  
  • Avoid coming across a angry, nervous or irritated at your deposition. If you do, the employee's attorney will notice that and will try to capitalize on that by assuming that they can simply emotionally wear you out into settling for more than you should be paying. Treat your deposition as part of business, however annoyed you are with the case and the claims made against you and your business. 
  • If you do not understand a question, as the deposing attorney to repeate or rephrase. 
  • Don't criticize the claimant unnecessarily. If there was evidence that the employee was a terrible worker prior to his termination or resignation, there is no reason to exaggerate performance issues. 
  • Don't refer to any documents that you haven't produced in your answers to questions, i.e. don't answer with "I have to look in my documents to see if I can find...". If you think you have additional informaition responsive to a question, discuss it with your attorney during a break.
  • Review your discovery responses and the documents produced in the case before your deposition, so that you are ready to comment on your answers or on the documents, if necessary. 
  • Acknowldge any mistakes that you might have made in your relationship with the employee who filed this lawsuit against you. For instance, if you already know that the employee was not correctly classified as a contractor or was not paid all wages due on time, it's ok to acknowledge it and it's much better than continuing to deny it, as the latter will make you look bad in front of the jury, if the case goes to trial .  
  • For PMQ deposition - designate as many employee who are most knowledgeable about the categories listed in the notice of deposition as necessary to avoid a situation where your witnesses respond with "I don't know" to question critical to the case. 

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Employment Law

What Is Wrongful Termination?
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Law Office of Arkady Itkin

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case