Legal Question in Employment Law in California
Subpoena for production of records
we got subpoenaed for production of business records for an employee that doesn't work here any more. It is for a case of that employee and another company not us. Do we have to comply with this subpoena even though we are not a party on the case and without knowing what kind of case is it for? Are there consequences or issues that might rise from this if we submit documents? Can they hold us liable or involve us in any lawsuit from their case? Thank you.
1 Answer from Attorneys
Re: Subpoena for production of records
It is a fairly common practice to subpoena the employment records of past employers for an employee.
You may object, in the proper legal form, within the proper time constraints to the court, to the production of documents, but you must provide a reason for doing so. The employee not working there anymore generally does not provide a good enough reason to sustain this objection.
As far as your liability or involvement in a potential suit is concerned, it is tough to gauge what, if anything, it may be from the limited facts you have provided.
Good luck!
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