What happens if a company refuses a subpoena?
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. In most cases in a contempt proceeding, the court determines the appropriateness of withholding any documents under a claim of privilege.
Can a company refuse to comply with a subpoena?
Employers served with a subpoena for an employee’s private records may find themselves in a Catch-22: refuse to comply with the subpoena and risk contempt, or comply and risk an invasion of privacy claim by an employee who didn’t authorize release of his records.
What happens when an employer receives a subpoena for employee records?
When an employer receives a subpoena for employees records, the “custodian of records” (the person within your company responsible for maintaining such records) is obligated to produce the requested documents, or risk a court proceeding and possible monetary consequences.
What should I do if I receive a subpoena?
Subpoenas are not necessarily filed with the court, so if you have doubts about the document you’ve received, ask a lawyer or call the person who signed the document and ask if they have in fact sent a subpoena. (An address and or telephone number should follow the signature.)
What happens if an employee seeks to quash a subpoena?
The employee has an opportunity to ask the court to void the subpoena via a “motion to quash.” If you receive a notice that the employee intends to move to quash the subpoena, you must not produce records until the dispute is resolved by agreement by all parties or by the court.
Can a former employer issue a subpoena to an employee?
For example, if your employee is involved in a lawsuit with her former employer, the former employer may issue a subpoena demanding records relating to your employee’s earnings or other personnel documents. These records may relate to the employee’s claims for lost wages or the former employer’s defenses.
The employee has an opportunity to ask the court to void the subpoena via a “motion to quash.” If you receive a notice that the employee intends to move to quash the subpoena, you must not produce records until the dispute is resolved by agreement by all parties or by the court.
Can a subpoena be issued by a court?
The short answer is yes. A subpoena effectively operates as a court order directing the recipient to provide requested documents or to appear in person to provide testimony.1 In some jurisdictions, a subpoena must be issued by a court; in others, attorneys may issue the subpoena as officers of the court.
When does a subpoena for employment records raise privacy concerns?
A subpoena seeking records of an employee who is not a party to the underlying litigation raises more significant privacy concerns. For example, a party to a lawsuit may seek employment records of a key witness. In El Dorado Savings & Loan v.