How can I submit a subpoena in order to get my personnel file from an employer?

Asked on July 6, 2009 under Employment Labor Law, Tennessee


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You would have to have a pending lawsuit, and the personnel file would have to have some relevance as evidence in that lawsuit, to get a subpoena.

A subpoena is a legal order, usually from a court, although legislatures (like Congress) and administrative agencies can also issue them.  There has to be some basis, some legal requirement, for information or documents to be produced, to justify issuing a subpoena to command just that.

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