California Approved Judicial Counsel Form Interrogatories Employment Law

200.0 Contract Formation

 200.1 Do you contend that the EMPLOYMENT relationship was at “at will”? If so:²

(a) State all facts upon which you base this contention;

(b) State the name, ADDRESS, and telephone number of each PERSON who has knowledge of those facts; and

(c) Identify all DOCUMENTS that support your contention.³

 200.2 Do you contend that the EMPLOYMENT relationship was not “at will”? If so:

(a) State all facts upon which you base this contention;

(b) State the name, ADDRESS, and telephone number of each PERSON who has knowledge of those facts; and

(c) Identify all DOCUMENTS that support your contention.

 200.3 Do you contend that the EMPLOYMENT relationship was governed by any agreement written, oral, or implied? If so:⁴

(a) State all facts upon which you base this contention;

(b) State the name, ADDRESS, and telephone number of each PERSON who has knowledge of those facts; and

(c) Identify all DOCUMENTS that support your contention.

 200.4 Was any part of the parties’ EMPLOYMENT relationship governed in whole or in part by any written rules, guidelines, policies, or procedures established by the EMPLOYER? If so, for each DOCUMENT containing the written rules, guidelines, policies, or procedures:

(a) State the date and title of the DOCUMENT and a general description of its contents;

(b) State the manner in which the DOCUMENT was communicated to employees; and

(c) State the manner, if any, in which employees acknowledged either receipt of the DOCUMENT or knowledge of its contents.

 200.5 Was any part of the parties’ EMPLOYMENT relationship covered by one or more collective bargaining agreements or memorandums of understanding between the EMPLOYER (or an association of employers) and any labor union or employee association? If so, for each collective bargaining agreement or memorandum of understanding, state:⁵

(a) The names and ADDRESSES of the parties to the collective bargaining agreement or memorandum of understanding;

(b) The beginning and ending dates, if applicable, of the collective bargaining agreement or memorandum of understanding; and

(c) Which parts of the collective bargaining agreement or memorandum of understanding, if any, govern (1) any dispute or claim referred to in the PLEADINGS and (2) the rules or procedures for resolving any dispute or claim referred to in the PLEADINGS.⁶

 200.6 Do you contend that the EMPLOYEE and the EMPLOYER were in a business relationship other than an EMPLOYMENT relationship? If so, for each relationship:

(a) State the names of the parties to the relationship;

(b) Identify the relationship; and

(c) State all facts upon which you base your contention that the parties were in a relationship other than an EMPLOYMENT relationship.

201.0 Adverse Employment Action

 201.1 Was the EMPLOYEE involved in a TERMINATION?⁷ If so:

(a) State all reasons for the EMPLOYEE’S TERMINATION;

(b) State the name, ADDRESS, and telephone number of each PERSON who participated in the TERMINATION decision;

(c) State the name, ADDRESS, and telephone number of each PERSON who provided any information relied upon in the TERMINATION decision; and identify all DOCUMENTS relied upon in the TERMINATION decision.

(d) The identity of all DOCUMENTS relied upon in the TERMINATION decision.

 201.2 Are there any facts that would support the EMPLOYEE’S TERMINATION that were first discovered after the TERMINATION? If so:

(a) State the specific facts;

(b) State when and how EMPLOYER first learned of each specific fact;

(c) State the name, ADDRESS, and telephone number of each PERSON who has knowledge of the specific facts; and

(d) Identify all DOCUMENTS that evidence these specific facts.

 201.3 Were there any other ADVERSE EMPLOYMENT ACTIONS, including (the asking party should list the ADVERSE EMPLOYMENT ACTIONS)? If so, for each action, provide the following:⁸

(a) All reasons for each ADVERSE EMPLOYMENT ACTION;

(b) The name, ADDRESS, and telephone number of each PERSON who participated in making each ADVERSE EMPLOYMENT ACTION decision;

(c) The name, ADDRESS, and telephone number of each PERSON who provided any information relied upon in making each ADVERSE EMPLOYMENT ACTION decision; and

(d) The identity of all DOCUMENTS relied upon in making each ADVERSE EMPLOYMENT ACTION decision.

 201.4 Was the TERMINATION or any other ADVERSE EMPLOYMENT ACTIONS referred to in Interrogatories 201.1 through 201.3 based in whole or in part on the EMPLOYEE’S job performance? If so, for each action:

(a) Identify the ADVERSE EMPLOYMENT ACTION;

(b) Identify the EMPLOYEE’S specific job performance that played a role in that ADVERSE EMPLOYMENT ACTION;

(c) Identify any rules, guidelines, policies, or procedures that were used to evaluate the EMPLOYEE’S specific job performance;

(d) State the names, ADDRESSES, and telephone numbers of all PERSONS who had responsibility for evaluating the specific job performance of the EMPLOYEE;

(e) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the EMPLOYEE’S specific job performance that played a role in that ADVERSE EMPLOYMENT ACTION; and

(f) Describe all warnings given with respect to the EMPLOYEE’S specific job performance.

 201.5 Was any PERSON hired to replace the EMPLOYEE after the EMPLOYEE’S TERMINATION or demotion? If so, state the PERSON’S name, job title, qualifications, ADDRESS and telephone number, and the date the PERSON was hired.

 201.6 Has any PERSON performed any of the EMPLOYEE’S former job duties after the EMPLOYEE’S TERMINATION or demotion? If so:

(a) State the PERSON’S name, job title, ADDRESS, and telephone number;

(b) Identify the duties; and

(c) State the date on which the PERSON started to perform the duties.

 201.7 If the ADVERSE EMPLOYMENT ACTION involved the failure or refusal to select the EMPLOYEE (for example, for hire, promotion, transfer, or training), was any other PERSON selected instead? If so, for each ADVERSE EMPLOYMENT ACTION, state the name, ADDRESS, and telephone number of each PERSON selected; the date the PERSON was selected; and the reason the PERSON was selected instead of the EMPLOYEE.

202.0 Discrimination - Interrogatories to Employee

 202.1 Do you contend that any ADVERSE EMPLOYMENT ACTIONS against you were discriminatory? If so:

(a) Identify each ADVERSE EMPLOYMENT ACTION that involved unlawful discrimination;

(b) Identify each characteristic (for example, gender, race, age, etc.) on which you base your claim or claims of discrimination;

(c) State all facts upon which you base each claim of discrimination;

(d) State the name, ADDRESS, and telephone number of each PERSON with knowledge of those facts; and

(e) Identify all DOCUMENTS evidencing those facts.

 202.2 State all facts upon which you base your contention that you were qualified to perform any job which you contend was denied to you on account of unlawful discrimination.

203.0 Harassment - Interrogatories to Employee

 203.1 Do you contend that you were unlawfully harassed in your employment? If so:

(a) State the name, ADDRESS, telephone number, and employment position of each PERSON whom you contend harassed you;

(b) For each PERSON whom you contend harassed you, describe the harassment;

(c) Identify each characteristic (for example, gender, race, age, etc.) on which you base your claim of harassment;

(d) State all facts upon which you base your contention that you were unlawfully harassed;

(e) State the name, ADDRESS, and telephone number of each PERSON with knowledge of those facts; and

(f) Identify all DOCUMENTS evidencing those facts.

204.0 Disability Discrimination

 204.1 Name and describe each disability alleged in the PLEADINGS.

 204.2 Does the EMPLOYEE allege any injury or illness that arose out of or in the course of EMPLOYMENT? If so, state:

(a) The nature of such injury or illness;

(b) How such injury or illness occurred;

(c) The date on which such injury or illness occurred;

(d) Whether EMPLOYEE has filed a workers’ compensation claim. If so, state the date and outcome of the claim; and

(e) Whether EMPLOYEE has filed or applied for disability benefits of any type. If so, state the date, identify the nature of the benefits applied for, and the outcome of any such application.

 204.3 Were there any communications between the...