Legal Question in Employment Law in New Jersey
Subpoena Duces Tecum
As an employer, must I respond to a letter including the agove subpoena asking for copies of a a former employees payroll records, application records, etc in a case that has nothing to do with my company?
1 Answer from Attorneys
Re: Subpoena Duces Tecum
You must either comply with a subpoena or get a court order to the effect that you do not have to compley. You can oppose it in court if you have reasons why the information should not be disclosed. At a minimum, you should notify the person whose records are being demanded and give them the chance to oppose the disclosure.
Depending on what has been demanded in the subpoena, you may have some obligation not to disclose it without a confidentiality order from the court. Contact your lawyer for advice.
See also: http://info.corbettlaw.net/lawguru.htm
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