Cal. Litig. 2017, Volume 30, Number 2

Red Flags in the Defense of an Employment Case

By Paulette Taylor

If you are considering whether to settle or defend an employment case at trial, first analyze the facts and the evidence from a jury perspective before you, your legal team, and your client make a decision.

Begin by making a list of red flag issues that may concern jurors enough to lead them to seriously consider an adverse verdict or, worse yet, an award of damages against your client. Then, look realistically at whether you can develop a combination of testimony, demonstrative evidence, graphics and arguments to overcome those weaknesses at trial.

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