Today, I had the pleasure of representing a former, long-time employee of a company, who was claiming a substantial amount in unpaid vacation. He had solid evidence to support his case. The attorney who was representing the employer appeared like he really did not know what he was doing, most likely because he did not know much about employment law.
However, because the rules of the labor commissioner hearings are so much more relaxed, the opposing attorney was allowed to ask completely inappropriate and inflammatory questions, which would have never been allowed to be asked in court. On several occasions, he and the employer's witnesses called my clients a thief and a liar. The attorney's line of questioning included such questions as: "Isn't it true that your claim is completely frivolous?", "Isn't it true that you fabricated your claim and you have been sitting and lying the entire time?", and "Isn't it true that you are just trying to take advantage of a company that has already been struggling?" Unfortunately, those question go to my client who broke out in tears as soon as the case was over. He felt offended and humiliated by the allegations, even though I assured that he should have been laughing at those ridiculous questions. I suppose it is easier said than done.
I suppose the lesson for the claimants is to be ready to be badgered and not let it get to you. Keep you eye on the ball and focus on the legal and business aspect of the claim, and don't let false accusations, offensive questions, and badgering upset you or make you mad.
However, because the rules of the labor commissioner hearings are so much more relaxed, the opposing attorney was allowed to ask completely inappropriate and inflammatory questions, which would have never been allowed to be asked in court. On several occasions, he and the employer's witnesses called my clients a thief and a liar. The attorney's line of questioning included such questions as: "Isn't it true that your claim is completely frivolous?", "Isn't it true that you fabricated your claim and you have been sitting and lying the entire time?", and "Isn't it true that you are just trying to take advantage of a company that has already been struggling?" Unfortunately, those question go to my client who broke out in tears as soon as the case was over. He felt offended and humiliated by the allegations, even though I assured that he should have been laughing at those ridiculous questions. I suppose it is easier said than done.
I suppose the lesson for the claimants is to be ready to be badgered and not let it get to you. Keep you eye on the ball and focus on the legal and business aspect of the claim, and don't let false accusations, offensive questions, and badgering upset you or make you mad.
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