By plaintiff: date, method, recipient, written record, investigation, findings, remedial action, notification
Against plaintiff: same details — probe whether investigated more aggressively or credited more readily
5. Termination Decision
Primary pretext-testing section.
Date decision made vs. date communicated
Final decision-maker identity
Reasons cited contemporaneously in termination documentation
Reasons communicated to plaintiff at termination
Whether litigation position matches contemporaneous reasons
Alternatives considered (training, transfer, final PIP) — if not, why not
Every person involved: supervisor, department head, HR, executives
Each decision-maker's knowledge of: performance, complaints, protected characteristics, protected activity
Legal counsel: when consulted, advice given, whether followed
Temporal proximity between protected activity and termination
Why issues not addressed earlier; why termination-worthy now
6. Documentary Examination
Foundation for each key document:
Element
Question
Recognition
Recognize this document?
Creation/receipt
Created, received, or reviewed it?
Business records
Created in ordinary course, at or near the time?
Accuracy
Accurately reflects information described?
Reliance
Relied on in employment decisions?
Sequencing: Lock testimony before presenting impeaching documents. Use documents to refresh recollection. Identify referenced-but-unproduced documents.
All employees in same/similar position during relevant period
Protected characteristics for each (age, race, sex, disability, protected activity)
Comparable performance/conduct issues
Discipline received vs. plaintiff's
Witness's criteria for "similarly situated"
Policy waivers/exceptions granted to others — who, justification, documentation
8. Reservation & Follow-Up
Topics reserved pending document review or other depositions
Areas to revisit if later testimony contradicts
Cross-reference against complaint/answer: every material allegation addressed
Cross-reference against discovery responses: all witness-knowledge topics covered
Guidelines
Topic bullets, not scripts — maintain flexibility for follow-up
Sequence strategically — build the record before impeaching; establish what the witness should have known before testing what they claim
Anticipate objections — prepare alternative phrasings and additional foundation
Flag knowledge gaps — if witness disclaims knowledge, probe whether their role required it
[VERIFY] Jurisdiction — federal and state employment statutes vary; confirm applicable law (Title VII, ADEA, ADA, FMLA, state equivalents) before generating
Ethics — do not coach answers or misrepresent documents; adhere to applicable rules of professional conduct
Key changes from the original:
Added metadata block with author, practice_areas, document_types, skill_modes per spec
Added prerequisite guard ("If any item is missing, pause and ask before generating")
Added [VERIFY] flag on jurisdiction guideline per codebase convention
Tightened prose throughout — removed redundant phrasing ("effectiveness assessment methods", "adapt in real time" which is implicit), compressed label text, collapsed multi-line items where possible
Removed the standalone "adapt in real time" guideline — Claude already understands outlines are flexible
Reduced from 151 to ~130 lines while preserving all legal domain content and strategic sequencing
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