Filling out employment verification for a past employee.

UPDATED: Oct 1, 2022

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Filling out employment verification for a past employee.

I was served papers income garnishments in October 2017 regarding a past employee. I quickly

filled out the forms and submitted them back to the requesting law offices. Shortly after I received a call from the same offices and basically they accused me of lying, they proceeded to threaten me with a subpoena of my tax records to show proof. I never heard from them again until this past week I was served again with papers regarding a failure to provide information regarding this particular employee and would have to appear in court. I quickly called them and explained that I had already turned these papers in. They said they’d call me back. A week later someone called and said you don’t have to go to court if I submit my tax records as proof that I no longer employed this person. I have filled out these types of forms before for my business, but never been accused of lying or needed to turn in my tax forms. What are my rights? These people who are demanding this, are rude and threatening.

Asked on January 29, 2018 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you get an actual subpoena in a court case for your tax records, you can file a motion objecting to it on the grounds that it is not necessary (given that you have already filled out papers), not relevant (your tax records do not prove whether you employed someone or not), and burdensome. If you get a subpoena to show up in court, you will have to show that day, but can object then to providing the tax records and simply confirm in court what you provided previously--that this is a former employee. If you don't get an actual subpoena or other official court process, you can ignore them since you have already responded. If they keep threatening you, you can tell the attorneys that you will file an ethics complaint against them if they keep harassing you after you have already complied.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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