Received subpoena to appear for a depo for employee battle with ex.

[Wizard198820]

I am an employer in CA. One of my employees is a relative that is divorced from her husband; however they are now engaged in a child and spousal support battle. The ex-husband has previously subpoenaed employment records on two occasions. We sent our atty with employee records the 1st time and our HR manager the 2nd time. Now they have subpoenaed us personally vs. the Business as were the previous occasions. My wife and I are partners in the business. How can we stop this harassment? We are not a party to this issue other than being an employer and related and have provided the other party with everything they need, salary into, credit cards etc. Apparently they were upset that we did not appear personally on the other occasions so they can interrogate us or intimidate our employee. We are very busy in our business to keep things going in this tough economic times and don’t have time for both of us to take a whole day off to deal with this. We also don't want to encourage this type of behavior in case this happens again in the future. How can we stop this behavior or at least not make it so easy for him to interfere with our lives and business.What is the name of your state (only U.S. law)?

[Proserpina]

Don't misunderstand me when I say...

...that this isn't about you, really. It doesn't appear (from what you've said) to be frivolous. Yes, it's inconvenient, but the ex-husband has no obligation to make things convenient for you. He might believe that you may not have been completely honest since you are related to his ex-wife and that's why he feels it's only proper to actually have you testify. Whatever his reasons, he generally has the right to subpoena who he wants for his case.

It happens.

Now having said all that, when you asked them what did your attorney/s tell you about possible legitimate ways of avoiding a personal appearance?

ETA:

Apparently they were upset that we did not appear personally on the other occasions so they can interrogate us or intimidate our employee.[

That does kind of suggest that you do have a personal bias. And while not illegal by any means it might explain why he may think you have information which could damage his ex-wife's case and that you wouldn't share that information voluntarily.

[Wizard198820]

It appears that you have the bias. "...this isn't about you, really".? We are her employers and we received the subpoenas. Regarding your other comments.

1st. We do not have a bias other than the fact that it takes our time, my HR Manager’s time and our Company atty time, away from our business, and causes us to spend time and money for something that is not going to grow our business. Additionally it distresses our employee impacting her performance and her attendance at work that may ultimately lead to the termination of her employment.
2nd. We have sent our authorized representatives with all of the information that they requested in the previous, 3 subpoenas and depositions.

3rd. Our attorney (who is not a family law atty) informed us that we can file an Ex Parte Motion to Quash Subpoenas.

I was hoping that this forum may have some other ideas or strategies to address this issue now and longer term with her ex, [other than terminating her employment for performance and attendance issues]. Perhaps your corporate atty forum has more experience and can provide more actionable advice.

[Silverplum]

Originally Posted by Wizard198820

It appears that you have the bias. "...this isn't about you, really".? We are her employers and we received the subpoenas. Regarding your other comments.

1st. We do not have a bias other than the fact that it takes our time, my HR Manager’s time and our Company atty time, away from our business, and causes us to spend time and money for something that is not going to grow our business. Additionally it distresses our employee impacting her performance and her attendance at work that may ultimately lead to the termination of her employment.
2nd. We have sent our authorized representatives with all of the information that they requested in the previous, 3 subpoenas and depositions.

3rd. Our attorney (who is not a family law atty) informed us that we can file an Ex Parte Motion to Quash Subpoenas.
I was hoping that this forum may have some other ideas or strategies to address this issue now and longer term with her ex, [other than terminating her employment for performance and attendance issues]. Perhaps your corporate atty forum has more experience and can provide more actionable advice.

If you HAVE an attorney, then you are NOT our target help audience. We are primarily here as volunteers to help individuals who cannot afford an attorney. Not corporations. Not people who have attorneys. You're using up resources not meant for you and aren't even grateful.

Take yourself to a corporate attorney, pay him/her, and receive the advice you wish.

[Proserpina]

What Silverplum said.

(because I'm obviously too biased to comment myself)

Please.

[Wizard198820]

Then why did I just pay 15.00 for a response from one of your network attys. And why didn't Dogmatique, at lease suggest or offer something that a person dealing with a subpoena that visits your site can do? (Someone with no money, resources or atty for example, someone not like me). Advice people you are targeting can actually use? For example, file an Ex Parte Motion to Quash Subpoenas...and where they can download the template or example so they can do it themselves?

Now that would be helpful advice without all the editorializing.

I am sure your company will be deleting this Thread. Bad press is bad business.

Regards

[Proserpina]

Here's the deal.

You already have at your disposal (presumably) at least one attorney who is able to advise you on your specific case.


This forum is made up of volunteers who cannot (for liability reasons amongst others) offer specific legal advice; you understand why, right? It's actually included in the TOS of the site. Read 'em.

You asked a very general question relating to what you can do about a subpoena, and if there was anything you could do to prevent your employer's ex husband from repeating his legal actions.

You were actually offered a little insight into just why the ex-husband might be bugging you so much. My bad. Knowing why is quite often half the battle in establishing what you can do to follow through and I must have thought it might at least shed some light.

That aside, the response is pretty much the same.

You can turn up, and testify.

You can refuse to turn up, and face the penalties.

And you can seek counsel from the attorney you already have who will know far better than anyone here, if filing a Motion To Quash is possible.

I'm glad you did get an answer you liked, and I'll go and on a limb and mention something else (for free, no less!).

Because you already have an attorney the way your information is relayed to you can be quite, quite different than if you were filing pro se without counsel. There are myriad reasons for this, one of which being - very simply - a pro se filer in any action will generally be needing more practical "instruction" (how-to) than someone who has the benefit of legal counsel.

[Justice???]

Wizard, I understand your concern.

However, try to put yourself in their shoes for a minute.

A contested Divorce can be life altering experience. Someone just can't afford to show up without every available resource. I feel your pain, but if you were seeking justice in the battle of your life, I'm sure you would want (and be entitled to) the testimony of others. An unfortunate, but necessary requirement of the American life.

Thanks for doing your American civic duty.