Legal Question in Employment Law in Ohio
If I am served a subpeona for employment records, does that mean there is already litigation in process or could it be against me?
1 Answer from Attorneys
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Litigation is already in process. If you were being sued you would have received a complaint from the court. If there are records that you do not want to produce, such as medical records in violation of HIPAA, you will need to have an attorney file a Motion to Quash Subpeona. I recommend you contact the attorney who is asking for these records and then find out the opposing counsel and ask them if they are going to file a Motion to Quash on their client's behalf. Many times defense counsel in employment matters ask for documents which are not relevant to the suit at hand and plaintiff's counsel wants to stop them from getting the docs.
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