What Questions Should Be Asked in Discovery to Prove Employer’s Intent and Ability to Pay in a Breach of Contract and Promissory Estoppel Case?

Question from Payka, What Questions Should Be Asked in Discovery to Prove Employer’s Intent and Ability to Pay in a Breach of Contract and Promissory Estoppel Case?

Answer from AI:

In a civil trial involving breach of contract and promissory estoppel, the discovery process is crucial for gathering evidence. If an employer failed to pay for work completed, and the employee relied on promises made at the time, certain questions can be asked during discovery to prove the employer’s intent to avoid payment and their ability to pay.

Questions to Prove Intent to Avoid Payment

To prove the employer’s intent to avoid payment, you might consider asking the following questions:

• Did the employer make any statements or take any actions indicating they did not intend to pay the employee for their work?
• Were there any internal communications discussing the employee’s payment or lack thereof?
• Did the employer have a history of not paying employees or contractors?
• Did the employer provide a reason for non-payment? If so, what was it?

Questions to Prove Ability to Pay

To demonstrate the employer’s ability to pay, the following questions could be relevant:

• What were the employer’s financial conditions at the time of the alleged breach?
• Did the employer have sufficient funds to pay the employee?
• Did the employer make any large purchases or investments around the time of the alleged breach?
• Did the employer pay other employees or contractors during the same period?

Legal Assistance and Further Steps

While these questions can guide your discovery process, it’s important to consult with a legal professional for personalized advice. They can help tailor these questions to your specific situation and jurisdiction, as well as assist in interpreting the responses.

Remember, the discovery process is governed by the Federal Rules of Civil Procedure (FRCP) and similar state laws. These rules dictate what information can be sought, how to request it, and how to handle disputes over discovery. Violations of these rules can result in sanctions, so it’s crucial to understand and follow them.

For more information on the discovery process and the FRCP, you can visit the U.S. Courts website.

Note: This information is intended to provide a general understanding of the discovery process in a breach of contract and promissory estoppel case. It should not be taken as legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.