Defendant's "triple threat" discovery propounded to plaintiff in employment cases in general

[Style of Case]

DEFENDANT’S FIRST REQUESTS FOR ADMISSIONS, FIRST SET OF INTERROGATORIES, AND FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF

TO: Plaintiff, _____, by and through Plaintiff's attorney of record.

Pursuant to the [Federal/Texas] Rules of Civil Procedure, Defendant _____, (hereafter "Defendant") submits to you the following discovery.

[INSERT STANDARD INSTRUCTIONS AND DEFINITIONS:

FORM DIS012]

USE NOTE: This set of discovery includes interrogatories regarding expert witnesses. Under the Texas Rules of Procedure 195.1, a party can request information regarding a testifying expert only through a request for disclosure under Rule 194 or through depositions and reports. NOTE: This limitation does not prevent an interrogatory regarding consulting experts where the consulting expert’s mental impressions or opinions have been reviewed by a testifying expert. See Rule195 cmt. 1.

REQUESTS FOR ADMISSIONS

REQUEST FOR ADMISSION NO. 1: Admit that you have not incurred and are not seeking to recover in this lawsuit any medical expenses as a result of your employment with or separation from Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 2: Admit that you have not been treated by a psychologist, psychiatrist, doctor, or medical professional as a result of your employment with or separation from Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 3: Admit that you have not been treated at any medical facility as a result of your employment with or separation from Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 4: Admit that since your employment with Defendant ended, you have not been diagnosed by a doctor, psychologist, psychiatrist, or any other person practicing the medical or healing arts as suffering from mental anguish or emotional distress as a result of your employment with or separation from Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 5: Admit that since your employment with Defendant ended, you have not been treated at any medical facility for any mental anguish or emotional distress as a result of your employment with or separation from Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 6: Admit that since your employment with Defendant ended, you have not at any time taken any prescription drugs for emotional distress.

RESPONSE:

REQUEST FOR ADMISSION NO. 7: Admit that the only reason your employment with Defendant ended was because of your [e.g., continued absenteeism].

RESPONSE:

REQUEST FOR ADMISSION NO. 8: Admit that one of the reasons your employment with Defendant ended was because of your [state reason for discharge, e.g., continued absenteeism, poor performance, theft, etc.].

RESPONSE:

REQUEST FOR ADMISSION NO. 9: Admit that prior to the time Defendant fired you, you were placed on probation.

RESPONSE:

REQUEST FOR ADMISSION NO. 10: Admit that prior to the time Defendant fired you, you were placed on performance probation.

RESPONSE:

REQUEST FOR ADMISSION NO. 11: Admit that prior to the time Defendant fired you, you were placed on a performance improvement plan.

RESPONSE:

REQUEST FOR ADMISSION NO. 12: Admit that you received Exhibit ["_____ "] prior to the date you were fired by Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 13: Admit that you contend the only reason Defendant fired you is because you [insert reason, e.g., filed a worker's compensation claim, etc.].

RESPONSE:

REQUEST FOR ADMISSION NO. 14: Admit that prior to the time you were terminated Defendant had received several complaints from its customers or claimants that you [insert subject of customers’ complaints].

RESPONSE:

REQUEST FOR ADMISSION NO. 15: Admit that Defendant did not fire you.

RESPONSE:

REQUEST FOR ADMISSION NO. 16: Admit that the Equal Employment Opportunity Commission's investigation of your discrimination complaint determined that Defendant had not discriminated against you.

RESPONSE:

REQUEST FOR ADMISSION NO. 17: Admit that your job performance for Defendant was unsatisfactory.

RESPONSE:

REQUEST FOR ADMISSION NO. 18: Admit that in this lawsuit you do not contend that Defendant unlawfully discriminated against you in any way.

RESPONSE:

REQUEST FOR ADMISSION NO. 19: Admit that your handling of _____ for the Defendant was substandard.

RESPONSE:

[OPTION:]

IF PLAINTIFF HAS SUED SEVERAL RELATED COMPANIES:

REQUEST FOR ADMISSION NO. 20: Admit that you have never been employed by _____.

RESPONSE:

REQUEST FOR ADMISSION NO. 21: Admit that you were fired by _____ not _____.

RESPONSE:

REQUEST FOR ADMISSION NO. 22: Admit that you sustained the alleged injury about which you are complaining in this lawsuit on _____.

RESPONSE:

REQUEST FOR ADMISSION NO. 23: Admit that in this lawsuit you claim the injuries described in paragraph _____ of your [Complaint/Petition] constitute a total and permanent incapacity.

RESPONSE:

REQUEST FOR ADMISSION NO. 24: Admit that the injuries described in paragraph _____ of your petition permanently prevented you from obtaining other employment.

RESPONSE:

REQUEST FOR ADMISSION NO. 25: Admit that your past medical expenses for the injuries described in paragraph _____ of your [Complaint/Petition] are less than $5,000.

RESPONSE:

REQUEST FOR ADMISSION NO. 26: If you answered the immediately preceding Request for Admission with anything other than an unqualified admitted, admit that your past medical expenses for the injuries in paragraph _____ of your [Complaint/Petition] are less than $10,000.

RESPONSE:

REQUEST FOR ADMISSION NO. 27: If you answered the immediately preceding Request for Admission with anything other than an unqualified admitted , admit that your past medical expenses for the injuries described in paragraph _____ of your [Complaint/Petition] are less than $15,000.

RESPONSE:

[OPTION:]

Continue this line of questioning in increments, as appropriate.

REQUEST FOR ADMISSION NO. 28: Admit that you are not seeking to recover your future medical expenses in this lawsuit.

RESPONSE:

REQUEST FOR ADMISSION NO. 29: If you answered the immediately preceding Request for Admission with anything other than an unqualified admitted, admit that the future medical expenses for the injuries described in paragraph _____ of your [Complaint/Petition] will be less than $5,000.

RESPONSE:

REQUEST FOR ADMISSION NO. 30: If you answered the immediately preceding Request for Admission with anything other than an unqualified admitted, admit that the future medical expenses for the injuries described in paragraph _____ of your [Complaint/Petition] will be less than $10,000.

RESPONSE:

[OPTION:]

Continue this line of questioning in increments, as appropriate.

REQUEST FOR ADMISSION NO. 31: Admit that in this lawsuit you are seeking to recover less than $5,000 in exemplary damages.

RESPONSE:

REQUEST FOR ADMISSION NO. 32: If you answered the immediately preceding Request for Admission with anything other than an unqualified admitted, admit that in this lawsuit you seek to recover less than $25,000 in exemplary damages.

RESPONSE:

REQUEST FOR ADMISSION NO. 33: If you answered the immediately preceding Request for Admission with anything other than an unqualified admitted, admit that in this lawsuit you seek to recover less than $50,000 in exemplary damages.

RESPONSE:

[OPTION:]

Continue this line of questioning in increments, as appropriate.

REQUEST FOR ADMISSION NO. 34: Admit that you have received payment from a health insurance carrier for all of the past medical expenses for which you seek recovery in this lawsuit.

RESPONSE:

REQUEST FOR ADMISSION NO. 35: Admit that one reason your employment with Defendant was terminated was because you made a mistake, which caused the Defendant to _____.

RESPONSE:

REQUEST FOR ADMISSION NO. 36: Admit that at the time Defendant fired you, you were told by your supervisor that you were fired because of [state reason for discharge.]

RESPONSE:

REQUEST FOR ADMISSION NO. 37: Admit that while you were employed by Defendant you made inappropriate comments regarding _____ while you were working on the job.

RESPONSE:

REQUEST FOR ADMISSION NO. 38: Admit that your job performance with Defendant justified Defendant firing you.

RESPONSE:

REQUEST FOR ADMISSION NO. 39: Admit that you would still be employed with Defendant if you had done satisfactory work.

RESPONSE:

REQUEST FOR ADMISSION NO. 40: Admit that when you were employed by Defendant you were an at-will employee of Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 41: Admit that you did not have a contract to be employed with Defendant for any length of time.

RESPONSE:

REQUEST FOR ADMISSION NO. 42: Admit that the employee handbook provided to you by Defendant is not a contract.

RESPONSE:

REQUEST FOR ADMISSION NO. 43: Admit that the employee handbook provided to you by Defendant states that it is not a contract.

RESPONSE:

REQUEST FOR ADMISSION NO. 44: Admit that Exhibit [" "] attached hereto is a true and correct copy of pages _____ from the employee handbook applicable to your employment with Defendant at the time your employment with Defendant ended.

RESPONSE:

REQUEST FOR ADMISSION NO. 45: Admit that the memorandum attached hereto as Exhibit [" "] accurately describes performance problems you had while you were employed by Defendant.

RESPONSE:

REQUEST FOR ADMISSION NO. 46: Admit that when you had a meeting with Defendant on [date]...