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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
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I am a resident of Wisconsin and work as an independent

Customer Question

I am a resident of Wisconsin and work as an independent consultant for a technology company in Minnesota. I am also an employee of the same company. My husband is the owner/president of the company and we are currently in divorce proceedings. Because he has access to my billing amounts - my hours worked- the amount of my payroll checks etc. He has on numerous occasions had his office manager run earnings/billing reports that he then furnishes to his attorney without my approval or authorization. Is it legal for him to do this?? What if any recourse do I have?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 8 months ago.

That is very troubling. You can ask the judge to order him to stop doing this however most of this info would be admissible and required for you to present during discovery of the case. Discovery is the process by which the parties send formal written requests for documentation regarding the case. However, he should be following the appropriate channels here.

Expert:  Asad Rahman replied 8 months ago.

Let me know if you have any additional questions. Otherwise a positive rating would be appreciated.

Customer: replied 8 months ago.
I basically have no recourse? Except hope that the judge would give him a slap on the wrist?? It is my understanding that check stubs and tax returns are the types of information usually captured in discovery - the information he is providing is more than that. If he wasnt the president of the company that I happen to work for her would have access to that level of information. Why doesn't he have to maintain the employee privacy laws with me - especially in a situation like this?
Customer: replied 8 months ago.
He wouldn't have access
Expert:  Asad Rahman replied 8 months ago.

I'm not saying you have no recourse. Your additional info is helpful. One thing is you can file a motion for sanctions since his attorney is allowing him to violate ethics rules. That would result in a fine.

Customer: replied 8 months ago.
Is that something that I can file on my own - or ??
Expert:  Asad Rahman replied 8 months ago.

I always think it is best to have an attorney but if you cannot afford one then yes you can. I think you need to have an attorney helping you especially if he does as you do not want to lose your case based on a legal technicality. I have seen it many many times with pro se parties.

Customer: replied 8 months ago.
Would his attorney also be named in the motion?? Is that something that I can have my divorce attorney file or is that a different kind of attorney that I need?
Expert:  Asad Rahman replied 8 months ago.

Yes, you actually name the attorney not him but this brings the conduct before the judge. Your divorce attorney should file it.

Customer: replied 8 months ago.
Perfect!!! Thank you!
Expert:  Asad Rahman replied 8 months ago.

Sure. good luck to you. A positive rating would be greatly appreciated.

Expert:  Asad Rahman replied 8 months ago.

Let me know if you have any additional questions. Otherwise a positive rating would be appreciated.

Expert:  Asad Rahman replied 8 months ago.

Let me know if you have any additional questions. Otherwise a positive rating of 5 stars would be appreciated.

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