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Witness Badgering is Allowed at the Labor Commissioner Hearings

7/23/2013

 
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. 

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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. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; arkady@arkadylaw.com
Photo used under Creative Commons from Ernst Moeksis