Illegal Subpoena

[fine409]

What is the name of your state? Ohio

As part of my employer's investigation into allegations made by a coworker, the employer subpoenaed my personal cell phone records. The employer does not furnish a cell phone nor do they reimburse for official calls. Can they subpoena personal records as an employer? The employer is a state agency.

 

[rmet4nzkx]

What are the allegations and what would your phone records show? I suggest you retain an attorney.

 

[fine409]

The allegations are that I did not attend an out of town meeting but received travel reimbursements for the trip. The phone records show I called my coworker who was also going to the meeting. Due to weather, I was unable to make it to the meeting but I did get to the town where the meeting was being held and then got stuck in the snow. I was ultimately fired. The union is taking it to arbitration this month and believes I will be reinstated. The coworker put the allegations in writing. I think I might have a lawsuit there as well but don't know for sure.

 

[Beth3]

the employer subpoenaed my personal cell phone records. Just to clarify, you're referring to a court order? If so and you don't wish to comply, then you're going to have to go to court and argue the matter with the judge.

 

[fine409]

The subpoena was issued by the office of the chief inspector for the agency, not a court.

 

[Beth3]

Then unless the chief inspector is an officer of the court or granted such powers by a government agency, then this isn't a "subpoena." It's a request. I don't know what the internal penalties may be for failure to comply with the request (termination of employment? having your grievance dismissed? a default decision in the employer's favor?) but it won't violate any laws.

 

[fine409]

I really appreciate the help so far but I want to be clear that the subpoena was issued by the Chief Inspector's office to AT&T for the phone records. I would not have known anything about it had AT&T not sent me an info copy.

 

[Beth3]

Since you work for a State Agency, you need to find out if the Chief Inspector's "subpoena" has the force of law. (My guess is that AT&T won't comply if it doesn't however. If they start handing over copies of individual's phone records without a bonafide suboena, I expect they'd find themselves in huge legal trouble and fast) You can always talk to your union officials or contact the CI's office yourself and inquire.