Am I required to bring phone records to labor commissioner?

Asked about 1 year ago - Sacramento, CA

I am involved in a DLSE wage claim. The other side had the labor commissioner serve me with a "subpoena duces tecum" which says that I am required to bring phone records to my hearing. The hearing is approaching quickly and I do not have copies of the phone records. Is the labor commissioner allowed to force me to bring my phone records? Am I required to bring these documents even though I do not have them? If anyone can direct me to the proper resource for researching this issue, I would really appreciate it. Thank you.

Attorney answers (3)

  1. Neil Pedersen

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you have been served with a subpoena, you have a legal duty to produce the records that are in your care, custody or control. If you fail to produce them, you can suffer adverse consequences. You should do everything in your power to quickly get the records that are requested, or to request an extension of time to do so.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. Michael Robert Kirschbaum

    Contributor Level 20

    6

    Lawyers agree

    Answered . As to your not having phone records, if they are subpoenaing your cell phone records, most cell phone providers make your cell phone records available on-line. They can be printed out. If, however, they are absolutely unavailable to you, you should send a fax (followed by hard mail) a letter to the hearing officer assigned to your case (the name is on the hearing notice), with a copy to the attorney, objecting to the subpoena on the grounds that they are not in your custody, possession or control and equally available to the other side by subpoena to the phone company and that they are irrelevant to the hearing. The hearing officer will either continue the hearing to a later date or go through with the hearing to decide whether the records need to be produced before the hearing can be heard.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. Lan T. Diep

    Contributor Level 10

    5

    Lawyers agree

    Answered . You should respect the subpoena power of the DLSE to the same extent that you expect a favorable determination by the DLSE will be binding upon your (former) employer.

    This is an incomplete answer written in response to the limited facts provided. It is intended as a courtesy to... more

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