Filling out employment verification for a past employee.

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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