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Notes not found in personnel file in a discrimination matter at work

Long Beach, CA |

My personnel file go beyond my last day of work in a retaliation claim - but it had no negative performance reports. However, after raising the retaliation claim, a detailed typed document (notes consist of day by day - a lot of bluff and conspiracy - referring contractors as the origin of negative reports) surface that consist of negative performance notes by the manager.

Is it admissible as evidence as it was not found in the personnel file? Why or why not? It is surely of self serving type notes. What reason can be given to object it as an evidence?

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Attorney answers 1


Your arguments really go to the credibility of the documents and can be used to question them as actual contemporaneous notes. In other words, use the sudden appearance of these notes that do not look like notes made at the time as proof that the other side is manufacturing false documents in its desperation to avoid liability for its conduct.

As long as the other side has someone sponsor the documents by claiming they were created at the time and placed in some other place, they will likely be admissible. However, often the play backfires on the forger and the judge or jury clearly see they made things up. Credibility is the battle that you want to win the most at trial. If the judge or jury believes the other side is willing to forge documents and perjure themselves, they will generally lose in all close calls on all of the other evidence as well.

Good luck to you.

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