Subpoena Duces Tecum for Employee Records

[Dallastx]

My question involves labor and employment law for the state of: TX

What kind of response can be expected from a fortune 100 corporation from an attorney issued (not court ordered) subpoena duces tecum with an overbroad demand for ALL employment records of an employee for the last 10 years. This arising from a civil lawsuit between the company's employees over issues outside the workplace.

[Beth3]

I've gotten those over the years. They're a pain in the fanny. The attorney is requesting ALL employee records because he or she doesn't know specifically what to ask for and doesn't want to risk a chance of not getting a copy of something pertinent.

Before I've asked someone to start digging in the basement for 10 years of time card records (puhleeze), I've called the attorney and asked what it is they need. Never have had any problems doing that and have been able to pin-point exactly what to copy and send the attorney. Since the subpoena went to a Fortune 100 company, I'd guess their in-house legal department will respond. No telling how they'll handle it though. I gave you the HR "common sense" answer; attorneys seldom handle things the same way.

[Dallastx]

Thanks. I was hoping to get a response from an HR professional such as yourself.

A motion to quash subpoena was promptly filed and a court hearing date set, and a copy sent to HR . Employee notified HR in writing he strongly objects to the release of ANY personal information by the company on anything less than a court ordered subpoena.

This went to legal, and HR was told to clam up and let them handle it. So far the attorney's deadline for a response to the subpoena she issued has passed.

Just wondering if an area's largest employer may have enough legal muscle to simply ignore an attorney issued subpoena and wait instead for a court ordered subpoena. Especially since this subpoena request was initiated by one employee against another employee over a civil dispute outside the scope of work.

[Beth3]

This is something the attorneys involved will need to duke out. Eventually the company will have to comply (particulary if a suboena is issued by the court) as they won't want to be held in contempt. It may take a while though - if the company's attorneys don't want to comply for some reason, I'd expect they'll delay in whatever stalling tactics they can.

Since this is a civil dispute between two employees and assuming the company doesn't have a dog in this fight (i.e. they have no legal liability for whatever the dispute is about), I wouldn't expect the company's attorneys to put up too much of a fight.