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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39045
Experience:  Retired (mostly)
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I am the plaintiff in a civil law suit in California. I am

Customer Question

I am the plaintiff in a civil law suit in California. I am suing a former employer for not providing meal breaks, rest breaks, unpaid hours worked, unpaid overtime and not reimbursing uniform costs. The case is set to go to trial in a month. So far, my lawyer and I have built a strong case against them and have evidence that supports my claims. However, two witnesses for the defense (a former co-worker and my former manager) have lied under oath saying that they saw me take smoke breaks (which I never did, and testified during my deposition to not doing). They would like to use this as proof of my receiving rest breaks. We can prove that the manager is lying about other information, thereby removing his credibility. I can also get one former employee (a friend of mine) to testify on my behalf, verifying that I never did smoke, and did not receive smoke breaks. My question is, if the defense convinces the other former co-worker, or any additional former employees to come forward and lie about me taking smoke breaks, and if the jury actually believes them, then do I lose my whole case? I know if my credibility is undermined, then the jury can disregard my entire testimony. But even with the evidence against them for my other claims, would that mean that the entire case is automatically lost?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.


Based on what you've described, only the claim for wages on the rest breaks would be lost. Meal breaks, uncompensated work hours, overtime, and uniform costs would remain, subject to the other proof in your case.

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