California courts take approximately one to two years to get matters to trial. During this timeframe, you and your former employer will ask questions of one another in writing to prepare for trial. This is called written discovery, and we will work closely with you to truthfully answer the employer’s questions and simultaneously protect your legal rights. At the same time, we will ask your former employer difficult questions to establish your claims.
After written discovery, depositions are taken. Depositions are verbal questions where the parties will ask one another questions in front of a court reporter, who will transcribe what each party says. Once again, we will work closely with you to prepare you for your deposition, and tell you what questions to expect. We will also take your former employers deposition(s), to establish that the reason they gave for your termination was not truthful.
Sometimes, in an effort to avoid trial, employers will then file a motion for summary judgment. This is a request to the Court to dismiss your case without a trial based on what was said in written discovery and during your deposition. At Wrongful Termination Law Group, we are very skilled in opposing motions for summary judgment, and we have an incredibly high success rate at beating summary judgment.
At trial, you will testify, and we will call the other witnesses we need to establish each element of your claims against your former employer. In addition, we often use the admissions of your former employer from written discovery and depositions to establish your claims.