Deposition questions for plaintiffs' and defense counsel to ask

I spend a lot of time in depositions — a lot. I am fascinated with the art of interrogation. So, here are two questions for lawyers to add to their deposition outlines, one for plaintiffs and one for defendants. First, for plaintiffs: Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, "Of course not; he's suing us." Say hello to a retaliation claim. Now for the defendant where the plaintiff is a former manager: "Have you ever had to decide to fire an employee?" If yes, then the follow-up is, "Just because you fired an employee does not mean it was discriminatory, does it? Sometimes, it just happens?" This question and answer helps to normalize the plaintiff's termination. If it is normal, it is less likely to be discrimination. Question away.