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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112775
Experience:  20+ Years of Employment Law Experience
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I 't know if this has previous questions answered. I had

Customer Question

Hey John, I don't know if this has previous questions answered. I had asked a year and a half ago about a situation with the NLRB. They just sent me a subpoena from the NLRB to show up next Monday at a hearing where they want me to produce financial documents
dating back to 2013, both personal and business. Listing all my personal assets and what not. They also say, failure to appear and produce the documents we will have no choice but to initiate further federal court proceedings against you to compel your compliance.
Should we be required to undertake such action we would seen an order requiring you to reimburse the govt for attorney's fees and costs incurred in the prosecution of such litigation. Like I said before, we don't have much money, no way I can pay the 26k in
backpay that they want. I'm on the verge of closing the business anyways at the end of the year. So if I don't show or produce what would they do to "compel" me to comply? Could they be trying to go after me criminally? How much of this paperwork should I
produce if any of it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, failure to comply with NLRB subpoenas is treated the same as a contempt of court, since they have been granted subpoena powers. You cannot be jailed initially for failure to comply, but you can be fined and also be ordered to pay the costs of getting a federal court order to comply (continued refusal to comply can result in jail for contempt of court).

If you cannot pay the money, you still need to supply what the board is ordering you to supply to them. If this award will cause you to not be able to pay your bills as they come due, you can file for bankruptcy as well and place the company in bankruptcy to seek relief from any judgment against you.

You need to produce everything they are asking for. If they ultimately issue a judgment against you and it will cause you to become insolvent, then you can consider filing for bankruptcy to get the judgment extinguished in bankruptcy.

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