Event Archive

Deposition Preparation for Human Resources Personnel


Contact Info

Cruickshank & Alaniz

Brett Holubeck


2500 CityWest Blvd., Suite 1000
Houston, TX 77042
(281) 833-2200


Scott Rose, Enterprise Sales


1440 Bridgegate Dr., Suite 300
Diamond Bar, California 91765
(909) 895-8100 ext. 152

Questions & Answers:


do I need to tell our attorney if I have negative facts about our supervisor's interaction with an employee who's being sued by another employee?


Yes, when you are meeting with your attorney, I would make sure to tell them all of the information you have. Surprises are not good for attorneys; it is better to prepare for unfavorable facts than to hide it.


Who do you recommend be the Corporate Representative for a business. Can a person be both a corporate representative and a fact witness for the same case? If you misrepresent company policies, or there are unwritten policies that you are unaware of, can you be held liable as a corporate representative?


It is better for the corporate representative to not be involved in the underlying issue. Ideally, the fact witness and the corporate representative will be two different people. Often times the best corporate rep is an HR representative an attorney, or someone higher up in the company.


can I make notes about a candidate has a spouse and kids, if he or she voluntarily provides the info, and it's just my interview notes. We convert interview notes into an employee's permanent file after they're hired.


I would be careful with what you write down during interview notes. If you record a protected status, it may look like a potential discrimination claim.


I know that taking notes is a best practice, but let's say you take poor notes, or have inherited poor notes on an employee or company policies. do you have any best practices for this situation if you are called for a deposition?


It is a best practice to edit your notes. No need to keep ORIGINAL notes.


What if some supervisors enforce a policy but a few don't, does that make it a policy on paper?


This is definitely a problem, and can be used to build a case for inconsistent practices. If I was in that situation I would try and train my supervisors and potentially have a training on the inconsistent policies.


Are you allowed to take notes while in the middle of a deposition?


I would not advise taking notes in the middle of a deposition.


Can I use social media info to defend our company? Specifically, if an employee is linked to another employee's Facebook, and found this employee on disability having fun golfing?


This may vary from jurisdiction to jurisdiction. Check with your lawyer or call Brett. It is very tricky to use social media in a case. In this specific case you would need more information to make an appropriate legal judgement if this is admissible evidence.