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  1. #1
    roger6 is offline Junior Member
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    Subpoena for Employment Records

    California, Los Angeles

    I am a general contractor in California. I have been contacted by someone who has told me that they are attempting to serve a subpoena from an attorney for employment records.

    The individual whose records they are seeking was never an employee of my company. He performed some work as a sub-contractor a few times and was paid in cash. He has claimed to have worked for me full time for almost two years, which is untrue.

    They said they would mail the subpoena. I have no employment records on this person as he was never an employee.

    How should I proceed?

    Thanks.
  2. #2
    pattytx is offline Senior Member
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    "Our records do not reflect this person as an employee."

    Here's where you may run into trouble though-are you SURE the worker shouldn't have been an employee and not an independent contractor?
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  3. #3
    roger6 is offline Junior Member
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    Quote Originally Posted by pattytx View Post
    "Our records do not reflect this person as an employee."

    Here's where you may run into trouble though-are you SURE the worker shouldn't have been an employee and not an independent contractor?
    Thanks for your response. I like your sig line.


    From what I can gather, this individual is suing a homeowner because he got hurt whilst working on their property, and either his attorney, or the defendant's attorney, is asking for employment records to establish his income to determine loss. I'm guessing on that, but that's what it sounds like.

    The lawsuit itself has nothing to do with me in any way of liability, they just want employment records.

    I'm certain he fell under the proper guidelines as to not be considered an employee of my company. So, "Our records do not reflect this person as an employee" I believe would be a true statement.

    Would that likely be challenged by the attorneys in a case like this? If so, what should I expect to happen?

    They are mailing the subpoena. Does that count as being legally served, can I ignore it? What if it doesn't show up in my mail?
  4. #4
    swalsh411 is offline Senior Member
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    You don't even know the exact wording of the subpoena so this is pure speculation. I have seen them asking for "any payments to this person” which picks up pretty much everything. (employee, sub, vendor, etc).

    Is there some reason you don’t want to provide these records?
  5. #5
    roger6 is offline Junior Member
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    Quote Originally Posted by swalsh411 View Post
    You don't even know the exact wording of the subpoena so this is pure speculation. I have seen them asking for "any payments to this person” which picks up pretty much everything. (employee, sub, vendor, etc).

    Is there some reason you don’t want to provide these records?

    No reason, except there aren't any records other than a couple of hand written invoices for minor work like trash hauling and handyman work. All payments were in cash and not all work was invoiced, I just paid him.

    This guy was bad news, and I heard later that he had defrauded some homeowners out of money by taking advances for work and then disappearing.

    What I don't like is the fact that according to the process server, he has stated that he worked for me as full time employee for over 18 months, and this is patently untrue.
  6. #6
    swalsh411 is offline Senior Member
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    So then submit records showing he didn't work for you for that long.
  7. #7
    roger6 is offline Junior Member
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    Quote Originally Posted by swalsh411 View Post
    So then submit records showing he didn't work for you for that long.

    Sounds like the best way to go. I got a little spooked when told of the amount of time he was claiming to have worked for me. I didn't want to have a can of worms opened up with EDD or some other labor entity. The length and type of employment he's stated is not true, so I guess that will be his problem. I'll submit factual info and leave it at that.

    I had worried that the onus would be on me to somehow prove that he didn't work for me as he has stated.
  8. #8
    roger6 is offline Junior Member
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    Should I consult with an attorney before I fill out the affidavit and return?
  9. #9
    seniorjudge is offline Senior Member
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    Quote Originally Posted by roger6 View Post
    Should I consult with an attorney before I fill out the affidavit and return?
    Absolutely.

    Fail not at your peril.
    There are two rules for success:

    (1) Never tell everything you know.

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