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Subpoena for employee file Nevada

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  • Subpoena for employee file Nevada

    I received a subpoena for the entire contents of the personnel file of one of my employees. Am I required to produce the entire contents? It also does not say anything about notifying the employee. Does this mean I can notify him of the subpoena?
    thanks

  • #2
    You can notify him, but you are not required to. There was a thread on this issue just recently. I'll edit this post with the link in a minute. Try this.
    http://www.laborlawtalk.com/showthre...light=subpoena
    Last edited by Pattymd; 02-17-2010, 11:18 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Maybe this is just me, but I would certainly notify the employee whether it is required or not. I do not want an angry employee (or his attorney) in my face 6 months later claiming that if they had known about the action, they could have legally stopped it. Past that, I have had things that looked like court orders that later turned out to be something some attorney threw together without actually talking to the court.

      If some 3rd party was digging in my personnel file, I would want my employer to let me know. Certainly compile with any legal orders, but unless the order says to not tell the employee (FISA), I would do so.

      Treat employees in the same way you wanted to be treated, IMO.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I agree (again) with DAW. Notifying the employee is the best cya situation. However, if the employee has an attorney shouldn't his attorney be aware of what documents are being requested? Otherwise there is a disclosure issue? Am I correct?
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          Yes the employee and employee's attorney should know. But what if they do not? IMO, best just to notify the employee.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            The personnel file is not really the employee's file. It is a file of the company's on that employee. With few exceptions, the employee is not entitled to the information contained in the file. Treat it no different than you would if any other company information or property was under subpoena, inform only those who absolutely need to know. My 2 cents anyway.

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            • #7
              Originally posted by DAW View Post
              Yes the employee and employee's attorney should know. But what if they do not? IMO, best just to notify the employee.
              Absolutely DAW, I agree but was making a simple add on note. I would undoubtedly inform employees of this type of thing.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

              Comment


              • #8
                Most employees would probably notify their attorney.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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