blackrabbit27
11-09-2007, 11:46 AM
I apologize in advance if this is posted in an incorrect forum.
How does one go about getting a subpoena for payroll records from a private company? Is a lawyer required to do this or can a layman? Would a judge grant a subpoena to a non-bar member? Finally, how would an "average joe" get themselves an audience with a judge should the latter be an option?
Thank you
moburkes
11-09-2007, 11:54 AM
I apologize in advance if this is posted in an incorrect forum.
How does one go about getting a subpoena for payroll records from a private company? Is a lawyer required to do this or can a layman? Would a judge grant a subpoena to a non-bar member? Finally, how would an "average joe" get themselves an audience with a judge should the latter be an option?
Thank you
You sue in court, and you follow the proper procedure.
cyjeff
11-09-2007, 12:01 PM
I apologize in advance if this is posted in an incorrect forum.
How does one go about getting a subpoena for payroll records from a private company? Is a lawyer required to do this or can a layman? Would a judge grant a subpoena to a non-bar member? Finally, how would an "average joe" get themselves an audience with a judge should the latter be an option?
Thank you
This is not a DIY project.
You need an attorney and, more importantly, a REASON for the records that a judge will buy.
In other words, you just cannot demand private records... those records have to be evidence for another case.
Also, this assume that the specific state in question thinks that employees have a right to access the records in the first place. That is not true for all states. A judge can order a company to comply with the law, but there must be an actual law to begin with. I have no idea what the rules are for AZ.
I can tell you that AZ has no law that requires an employer to allow an employee access to their personnel file. I have no information specific to payroll records, but the likelihood is that if the one is not required, the other isn't either.
You'd need to speak to the AZ DOL to say for certain.
Betty3
11-13-2007, 09:48 PM
I have one reference from 2007 that indicates Az. currently has no statutory right for employees to inspect their personnel file but pending legislation may provide for such rights. I have info from 2007 from the Alexander Hamilton Institute that says in Az. employers must allow an employee or his/her designated rep. to inspect and copy payroll records pertaining to that employee.
OP - contact the Az. DOL as suggested to verify your rights.
add info: I believe in Az. the "DOL" is actually called the Industrial Commission of Az.
blackrabbit27
11-16-2007, 09:44 AM
Thank you for the advice and direction. I will update the result when the situation has settled. As always, your experience is appreciated.:D