A lot of wrongful termination, harassment, and discrimination cases are built on the testimony of others. But if two reputable people are giving different accounts to a story, who is the judge and the jury supposed to believe? That question helps steer toward the importance of witness credibility. In many instances, the believability of a witness is the tipping point that can lead a case to one result or another. That means that as you prepare your case, you need to not only be prepared to protect your witnesses, but also attack the credibility of those witnesses who are adverse to you.
Ways to attack witness credibility
There are certain tactics that you can utilize to help you attack witness credibility, but it’s important to recognize that planning matters. Very rarely, if ever, will you be able to catch a witness contradicting himself or herself while on the witness stand. Instead, you’ll want to put in the legwork to show that the witness has been inconsistent in the past or is pre-disposed in some fashion to be untruthful.
One of the best ways to not only prepare your case but also set yourself up to attack credibility is to take depositions. Depositions are where you take sworn testimony from a witness well before trial. This locks in their testimony so that you know what to expect at trial, which also gives you ammunition to point out contradictions and inconsistencies if their testimony differs at trial.
You might have other options available to you, too. Prejudice and bias can certainly play a role, and so, too, can a criminal history related to being untruthful. These matters require a close analysis to determine if they are viable, but what is important to remember is that you need to know the witness that will play a role in your case and thoroughly vet them.
Know how to handle the intricacies of your case
There’s a lot to consider in your wrongful termination case. Don’t let overlooking one of them jeopardize your potential success. Instead, consider sitting down with an employment law attorney who will know how to ensure that your case is as fully prepared as possible, thereby increasing your chances of success.