Overcoming Scorched-Earth Defense Tactics When Representing Immigrant Workers Speakers: Laura R. Feldman & Jenifer J. (J.J.) Rosenbaum; Moderator & Speaker: Justin D. Cummins Employers often defend employment cases of immigrants in an overly aggressive manner, including misusing discovery procedures under the Federal Rules of Civil Procedure based on the actual or perceived immigration status of plaintiffs and other improper considerations. Employers in these cases also seem more willing to pursue retaliatory counterclaims, improper witness contacts, and other intimidation tactics. Our veteran practitioners discuss effective strategies for neutralizing these approaches and, moreover, using such tactics against employers as to both liability and damages. |