Employer's Obligations to Respond to Subpoenas
Question: I just received a subpoena for personnel information and other confidential information concerning a lawsuit in which my company is not a party. Can I just ignore it?
Answer: No. You need to take prompt action to protect your interests. If you do nothing, you will waive any valid objections you may have, and may be fined or otherwise punished by the court. In the event you receive such a subpoena, you should check the validity of the subpoena. Has it been properly filled out and served? Service by mail is not valid. Subpoenas must be personally served, i.e., handed to you or something similar to this.
Your company and its employees have privacy rights which protect the disclosure of personnel files and related information. California law requires that a request for a personnel file include a “Notice to Consumer” notifying the employee that such records are being sought, and providing the individual an opportunity to object to the disclosure of the information. If the employee or former employee has not been notified, or objects to the production of the requested records, the employer should not produce the information requested unless and until a court orders otherwise, or the affected employee agrees to the production. If the subpoena requests information that would not involve records concerning a particular employee, or requires that the custodian of records delete all information which would identify any employee, no notice to consumer is required and the employer must either comply or file a motion with the court to “quash” the subpoena.
If the subpoena seeks the disclosure of confidential or proprietary information, you should contact an attorney and move to quash the subpoena or seek an appropriate protective order to preserve the confidentiality of the information sought.
Employers should not produce requested documents before they are due and without being satisfied that the proper subpoena procedures and notice requirements, if applicable, have been met.
Disclaimer: This is simply a general overview and is not a comprehensive article regarding a specific factual scenario. Each factual scenario is different and there is not enough time, nor space to address all different scenarios. You need to speak with a lawyer if you have a legal question.
Answer: No. You need to take prompt action to protect your interests. If you do nothing, you will waive any valid objections you may have, and may be fined or otherwise punished by the court. In the event you receive such a subpoena, you should check the validity of the subpoena. Has it been properly filled out and served? Service by mail is not valid. Subpoenas must be personally served, i.e., handed to you or something similar to this.
Your company and its employees have privacy rights which protect the disclosure of personnel files and related information. California law requires that a request for a personnel file include a “Notice to Consumer” notifying the employee that such records are being sought, and providing the individual an opportunity to object to the disclosure of the information. If the employee or former employee has not been notified, or objects to the production of the requested records, the employer should not produce the information requested unless and until a court orders otherwise, or the affected employee agrees to the production. If the subpoena requests information that would not involve records concerning a particular employee, or requires that the custodian of records delete all information which would identify any employee, no notice to consumer is required and the employer must either comply or file a motion with the court to “quash” the subpoena.
If the subpoena seeks the disclosure of confidential or proprietary information, you should contact an attorney and move to quash the subpoena or seek an appropriate protective order to preserve the confidentiality of the information sought.
Employers should not produce requested documents before they are due and without being satisfied that the proper subpoena procedures and notice requirements, if applicable, have been met.
Disclaimer: This is simply a general overview and is not a comprehensive article regarding a specific factual scenario. Each factual scenario is different and there is not enough time, nor space to address all different scenarios. You need to speak with a lawyer if you have a legal question.
posted by Anthony Zaller at 10:20 PM
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