Legal Question in Employment Law in California
Subpoena of Home and Cell Phone Records
In the scope of an internal non-criminal investigation, can an employer subpoena an employee�s home and cell phone records to determine if the employee contacted other coworkers on specific dates. The investigation is ongoing relating to an allegedly conspired work stoppage in violation of the employer�s policy and procedures as well as the memorandum of understanding (MOU) between the employees union and the City department for which they work?
1 Answer from Attorneys
Re: Subpoena of Home and Cell Phone Records
Maybe if you were in North Korea or Red China, but in the US, hell no. That employee would have a lovely invasion of privacy lawsuit if the employer somehow managed to obtain such records the way proposed. Only if the employer files a valid lawsuit against the employee, then they may be able to have a subpeona issued, but the employee will have the right to oppose such invasion, leaving the decision to a judge whether to allow the subpeona.
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