Questions your employment lawyer will ask the employer’s Human Resources representative at deposition

Below is an outline of topics and questions your employment lawyer likely will cover at the deposition of the employer’s Human Resources representative:

At-Will Employment Policy

  • Does [your former employer] have an at-will employment policy? What does this policy mean?

Personnel File Policy

  • Does [your former employer] keep personnel files on its employees?
  • Where?
  • What is the purpose?

Performance Policy

  • Does [your former employer] have policies regarding employee work performance?
  • Pursuant to [your former employer]’s policy, if an employee is having performance problems, is that fact supposed to be documented in his or her personnel file?

Performance Review Policy

  • Does [your former employer] have a policy regarding employee performance reviews?
  • Describe said policy.
  • Rating system?
  • What criteria is used?
  • Who prepares?
  • Who provides input?
  • Who signs?

Discipline Policy

  • Does [your former employer] have some type of discipline policy?
  • Does [your former employer] have a progressive discipline policy?
  • What does that mean?
  • Problems with work performance should be documented, correct?

Promotion Policy

  • Does [your former employer] ever promote employees?
  • Does [your former employer] have a policy regarding promotions?
  • Have you ever been involved in a decision to promote an employee?
  • What factors are considered in determining whether an employee should receive a promotion?
  • [Your former employer] does not give an employee a promotion unless the employee has a record of good work performance, correct?

Salary Increase Policy

  • Does [your former employer] have a policy regarding raises or increases in salary?
  • Have you ever been involved in a decision to increase an employee’s pay?
  • What factors does the Company consider in determining whether to increase an employee’s pay?
  • [Your former employer] does not give an employee a salary increase unless the employee has a record of good work performance, correct?

Harassment and Discrimination

  • Does [your former employer] have a policy against age harassment?
  • Does [your former employer] provide any type of harassment training to its employees?
  • Does [your former employer] provide any type of discrimination training to its employees?
  • Have you ever received any harassment or discrimination training during your employment at [your former employer]?
  • On how many occasions? For each:
    • When?
    • Did you have to sign any document to show that you attended the training?
    • Who conducted the training?
    • Subject matter?
    • Did you discuss age/sexual harassment?
    • Did the instructor give examples of what kind of conduct would constitute sexual harassment? Age harassment? Sex discrimination? Age discrimination? Anything else?
    • Written materials?
    • Presentation? Audio or visual?