If my boss sent harrassing text messages to my cell phone, how can I subpeona the records to sue?

Asked on September 10, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You seem to have the order slightly reversed--you can't subpoena records, then decide whether or not to sue; first you initiate a lawsuit, then in the lawsuit, you may be able to get the records, such as via a subpoena to the phone company or by a notice to produce to your boss, requiring him to turn over copies of any texts he sent. However, bear in mind that if you have not suffered any injury or costs beyond emotional upset, the amount of damages, or monetary compensation, you could recover in a lawsuit is likely limited (the U.S. legal system provides compensation for actual costs, losses, or physical injuries, but for little else in most cases); therefore, it may not be worth the time, cost, and effort of a lawsuit.

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