In a Notice of Removal - Employment Discrimination case, in discovery before mediation, is it common practice to disclose plaintiffs earned wages since termination date?
My understanding is that mediation is not testimony under oath and confidential so it would not be best practice to disclose the plaintiffs earnings since termination because it has the potential to reducing the settlement amount.
Answer
You are correct that mediation is not testimony under oath. Discovery, however, pertains to trial as well as mediation, and information as to plaintiff's earned wages is clearly discoverable in order to determine mitigation of damages and the correct amount to be awarded at trial.
It is not best practice to refuse to disclose any discoverable information when it has been requested.
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