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Discovery Matters in Lawsuits over Employment Law Issues

Last updated Sunday, March 14, 2010 01:00 ET

If the parties are not able to resolve the case at the outset, they must participate in the discovery process.

03/14/2010 / SubmitMyPR /

Employers and employees may find themselves in litigation with one another over a breach of contract issue, the breach of a non-compete agreement, or a discrimination or retaliation matter.  Sometimes, the parties can resolve their differences easily.  But if the parties are not able to resolve the case at the outset, they must participate in the discovery process.  This is the process whereby each side learns more about the facts and matters at issue in the lawsuit. 

Discovery can take several forms, including written questions to be answered by the other side, requests for certain categories of documents, and oral depositions. In most discrimination or retaliation matters, the parties will depose the former employee, the person who made the decision to discharge the former employee, and other witnesses who may have knowledge of critical facts.  In a breach of contract situation, the parties may need to depose individuals both inside and outside the company.

Once the discovery process draws to a close, the parties are armed with the necessary information to either try the case or to make a second attempt at settlement.  To speak with a Texas attorney who both settles and tries employment disputes, please contact the employment law lawyers at Clouse Dunn Khoshbin LLP at [email protected].