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Employee Records Subpoena
Life in Workforce Management
Employee Records Subpoena
Share your stories of workforce-management success in contributing to your business' bottom line, as well as your tales of business bloopers and blunders.
One of my employees has a sexual harrasement case pending against a previous employer and the employer's law firm/paralegal left me a message in reference to the employee's past criminal record and se
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Forums » Topic Forums » Life in Workforce Management » Employee Records Subpoena
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Employee Records Subpoena
posted at 1/6/2003 1:29 PM EST
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Posts: 5
First: 1/6/2003 Last: 5/16/2003 |
One of my employees has a sexual harrasement case pending against a previous employer and the employer's law firm/paralegal left me a message in reference to the employee's past criminal record and sent a subpeona requesting a copy of his attendance record,application,payroll etc.. along with that was a copy of the court records of employees past criminal record, the case and so on.. I don't want to get involved with something as delicate as this. So I am asking your advise..we are a new company just starting out and a lawsuit for us could be devestating. |
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Employee Records Subpoena
posted at 1/7/2003 12:22 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
First, I notice you are a new user - a tip for getting lots of timely answers to popular questions would be to post those questions in one of the two most-used forums - "General" and "Legal". Not many people look at "Life in HR" as it's more of a comedy-type forum - if something amusing happens in your HR life at work, you can share it with others here in this forum.
Second, now that I'm here, I'll answer your question. Legally you MUST respond to a subpoena by doing exactly what it tells you to do by the deadline date it imposes. If you don't, your company will be subject to fines and worse - you and your company owner(s) may be sent to jail! However, this doesn't mean your company is somehow involved in your employee's harassment case - this lawsuit is against another company and will remain always against the other company - all your company is doing by complying with the subpoena is providing information to the court which may or may not be useful in the resolution of the case. But don't take my word for this - it's definitely worth the $ to have your company attorney reiterate what I've said here. |
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Employee Records Subpoena
posted at 1/14/2003 6:05 AM EST
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Posts: 17
First: 2/21/2001 Last: 4/1/2003 |
Consult an attorney. I wouldn't risk taking someone else's simple opinion on such an issue. Also, as the last reply stated, the issue deals with the employee not your company unless you fail to comply with the subpeona. |
Forums » Topic Forums » Life in Workforce Management » Employee Records Subpoena
