Partner Kamran Mirrafati was quoted in a Law360 article, “3 Tips For Acing Wage And Hour Depositions,” about best practices lawyers can use to ferret out information and get clients ready for a pivotal step in the litigation process.
Employer advocates often use depositions to get workers on the record about details of their claims that may not be fully fleshed out in court filings, Mirrafati said. Providing contradictory testimony during litigation can sink a worker’s case, so depositions serve as an opportunity to see whether workers can keep their stories straight, he added.
“The goal is really to get as many questions on a topic to make sure they can’t wiggle out of it,” he said.
Researching workers before a deposition can also turn up information that might torpedo their case, Mirrafati said, pointing to instances in which social media posts appeared to show workers enjoying vacations when they claimed to be taking leave for other reasons. A deep familiarity with what workers have already put in writing can help spot instances in which the workers may be contradicting themselves, he added.
“If you’re not prepared and really familiar with what the written record is, you can miss valuable information that you could otherwise get in the deposition,” he said.