It does happen. I am headed to trial in a few months on a case in which the former employee has produced a "journal" of everything that "happened to her" two years after the case began to support her emotional distress claims.
She claims to have written everything down at the time that the events were occurring, but interestingly enough she includes side comments...statements like "I take xanax now (not because I am crazy, only as needed)" and "I am gaining weight, irritable, my period has stopped (not due to pregnancy, due to what [employer] did to me.")...Because people really write explanatory statements in their personal journals.
She then launches into these dramatic missives about how the pain of unemployment and (alleged) discrimination hurts so bad that she can't breathe and can only stay in bed and cry because of what was done to her...even though her Facebook pictures show her partying like a rock star in VEGAS the same weekend the entry was written.
This is written all in the same ink, on consecutive pages but was supposedly written over about a year.
Much like Juan, we aren't going to have it excluded even though it is patently created after the fact. We are going to make her eat it, page by page [*insert gleeful laugh here:rocker:]. I am sure the State's strategy is the same.
