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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12627
Experience:  Experienced in multiple areas of the law.
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My ex employer is dealing with a workers comp legal suit

Customer Question

my ex employer is dealing with a workers comp legal suit from a long time employee, and he tells me he is subpoenaing (spelling? sorry) my personal cell phone records. Verizon says I have no rights. Is this true? I had held a high position doing payroll, HR etc. there. The boss is the son of a man I worked for (28 years) The son is a bad guy. I don't want him in my business.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: I know that the company got a letter from the insurance carrier saying they will do this, and I know the EE filed the suit.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know my rights I think
Submitted: 3 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 3 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 3 months ago.

Thank you for your patience.

An ex-employer who is a party to a lawsuit, may subpoena records (including cell phone records) who they believe have evidence relevant to the issues in the lawsuit. You can certainly challenge the subpoena, but so long as the employer can establish the relevancy of your records (and they should only be looking for calls/texts that were work related, not personal), a court is all but certain to rule in their favor.

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Expert:  RobertJDFL replied 3 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

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