Many people need to be more accurate in believing that the lawyer such as Jacob Fuchsberg Law Firm for example who advocates for employees cannot advocate for companies. There is this silly bias of both arts: employees and employers. But the client is the one who benefits from the knowledge of the lawyer capable of advocating for companies and workers.
Identify Potential Questions From The Other Party’s Attorney
At the hearing, the judge must hear the testimony of the employee, the company representative, and the witnesses. The dynamics of a hearing change depending on who the attorney is defending: employee or employer. Even the place to sit in face-to-face hearings changes, as the employee and lawyer sit to the judge’s left, and the employer and lawyer sit to the judge’s right.
In the labor process, there is the burden of proof, the rule of who must prove.
It’s like a recipe for who should try what. And knowing well the dynamics of the burden of proof of both parties can be decisive for the success of a process.
For example, a company with more than 20 employees is the one who must prove that the journey alleged by the employee is false, for example, by bringing time cards to the process. On the other hand, if the employee alleges that he did not fill in the time card correctly, he will probably hear his witnesses prove the invalidity of the time cards.
In the same way, if the employee alleges, for example, that his supervisor morally harassed him, the rule is that the employee must prove his allegations, and, therefore, it makes no sense for the company’s lawyer to ask questions about this point. Do you understand? In rules, the order of who will be questioned by the judge is as follows:
- 1st employee
- 2nd the representative of the company
- 3rd the employee’s witnesses
- 4th, the company’s witnesses
The judge will open an opportunity for the lawyers to prepare their questions at a certain point.
As a rule, these are questions about:
- The employment contract
- Working hours
- Time cards (if applicable)
- Function differences (if applicable)
- About the moral harassment suffered (if applicable)
- About everything involving the process
Suppose the company’s lawyer knows this dynamic well. In that case, he will be prepared for possible questions from the other party’s lawyer and know how to identify the moment to remain silent to benefit his client. Learn about bronx medical malpractice attorney here.
