List of potential case weaknesses

The importance of uncovering weaknesses in employment cases

There are hidden weaknesses in every case. Usually, if these weaknesses are uncovered ahead of time, they can be overcome and, in some instances, turned into an advantage. However, nothing can be done if these weaknesses remain hidden until revealed at the deposition.

Potential weaknesses in an employment case

Some of the potential “weaknesses” that the employee plaintiff needs to discuss with his or her attorney so that the attorney is not caught by surprise are:

  • Résumé and/or application fraud.
  • Poor performance.
  • Misconduct.
  • Plaintiff’s own engagement in discrimination, harassment, or retaliation.
  • History of being fired.
  • History of making allegations of discrimination, harassment, or retaliation.
  • History of lawsuits.
  • History of workers’ compensation claims.
  • Drug use.
  • Excessive use of alcohol.
  • Numerous marriages.
  • Criminal convictions.
  • Damaging admissions about the case to co-workers, family, and/or friends.