Questions you will be asked

An employment lawyer will ask about how you were hired for your job

Once an attorney knows the general background information regarding you and the defendants, the attorney will want to determine certain information pertaining to the process of when you were hired. You will be asked:

  • When were you hired?
  • By whom?
  • Were any promises or representations made?
  • Did the employer omit to inform you of any information about which you should have been informed?
  • For what position were you hired?
  • At what salary?
  • With what benefits?
  • Was an employment contract signed?
  • Was an offer letter signed?
  • Were any other documents signed (e.g., Acknowledgment of Receipt of Employee Handbook, or Acknowledgment of Receipt of Arbitration Agreement)?
  • Did the employer keep all its promises?

An employment lawyer will ask about your employment history

The next step in the interview process will be about your employment history at the defendant employer.

An attorney will ask about raises, bonuses, performance evaluations, awards, transfers, promotions, demotions, suspensions, and disciplinary action.

An employment lawyer will ask about what led to your decision to see a lawyer about your employment situation

An attorney will explore in detail the circumstances surrounding your decision to retain an attorney.

In cases involving employment termination, demotion or other adverse employment action, two issues will be covered: (1) why you believe you were fired, and (2) what reason the employer will give for the termination.

An attorney will also ask about the facts surrounding the termination or other adverse employment action. You will be asked:

  • When did the termination take place?
  • Who communicated news of the termination to you?
  • Who made the termination decision?
  • Has the employer treated similarly situated employees in a similar manner?
  • Who replaced you?
  • Did you complain to anyone in management? If so, what was management’s response?

In cases involving unlawful harassment, you will be asked:

  • Was the conduct welcome?
  • What was the nature and extent of the conduct (e.g., the severity and pervasiveness of the conduct)?
  • Did management know or should it have known of the harassment?
  • Did you complain and, if so, what was done?
  • If you did not complain, why not?
  • Did you contemporaneously tell anyone (e.g., friends, family, therapist) about the harassment?
  • Have others suffered similar harassment?
  • Does the employer have any policies and procedures for preventing unlawful harassment?

In cases involving either an adverse employment action or harassment, you will be asked whether you are aware of anything to corroborate your claims (that is, witnesses, documents, or other evidence). You will be asked to obtain the witnesses’ addresses and telephone numbers, if known, and a little background information (e.g., current employment status, job position, what he or she knows, and whether he or she is likely to be friendly or hostile).