The old adage “honesty matters” applies in litigation, including employment law. In particular, honesty, or the lack thereof, can have a profound impact on the likelihood of success of an employment matter.
For employees/potential plaintiffs being honest commences with what you share with your attorney. Employees sometimes are hesitant to tell their counsel everything regarding the circumstances surrounding their termination due to embarrassment. However, by not fully disclosing all key facts, ironically, it will likely lead to an even more embarrassing scenario when asked during a deposition or at trial and the plaintiff’s attorney is not prepared to address the situation. By not disclosing all facts to his or her attorney, a plaintiff can easily harm their case and bargaining position.
Employees must be also be careful on job applications. While a prior termination may have been unjust, at the least, or discriminatory, at best, and thereby tempting to exclude on an application, such is unwise. In the current informational and technological age, there are few secrets, and a prospective employer can learn of a prior termination. If such occurs, it can lead to a withdrawal of a job offer or a termination if discovered after being hired.
For employers, it is equally important to disclose all facts surrounding the decision to terminate an employee. If facts are withheld, it can place the employer’s counsel in an equally awkward and unprepared situation. Moreover, such facts can expose the employer to a greater risk of liability.
Being honest really does matter.
At Wilson McCoy, P.A. we have experience in handling cases and addressing scenarios on behalf of both employees and employers. If you would like counsel on such a matter, or to know more about your rights in your particular circumstance, please contact us at 407-803-5400 or [email protected], for an analysis of your situation and to schedule a consultation.