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Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire.
The female plaintiff in this recent Third Circuit opinion I read last night worked as a manager in the defendant’s finance department. Two years, the company hired a man for a similar position. The defendant promoted the plaintiff and her male colleague to Senior Manager in 2011. By 2017, each sought promotion to Director. In 2018, the defendant promoted the man but not the plaintiff.
But why?
According to the defendant, the
