Today’s subpoena: employment records.

We subpoena employment records for a couple reasons:

1. It gives us a good idea of someone’s stability (or lack of) in jobs. If someone goes between jobs regularly, there’s almost always a reason for that, and getting records reveals why.
2. It provides records regarding how much someone actually makes. Sometimes, you can fudge salary numbers, but your employer can’t.

This request is a little involved, and there’s a reason for that. You could simply send a subpoena asking for “all documents, records, and information regarding (person’s name).” That could work, but what we find is asking for “everything” and then telling the company exactly what “everything” means usually garners more information. Don’t ask me why this is, but it is, and that’s why this request is long.

Employment Records Request

Here you go:

All employment records regarding XXXX, date of birth XXXX XX, XXXX, Social Security Number XXXX, including:

1. Complete personnel file.
2. IRS forms W-2, W4, K-1, and 1099.
3. Paychecks or paystubs, including the latest with year-to-date totals.
4. All other documents concerning XXXX’s total employment compensation, including information detailing any bonuses, commissions, profit sharing, stock options, incentives, overtime pay, shift differential pay and other compensation he/she has received from your company.
5. All other documents concerning XXXX’s other employee benefits, including health insurance, dental insurance, life insurance, company car or mileage reimbursement, per diem, club memberships or discounts, phone allowances, housing allowances, expense reports, etc.
6. All documents concerning any pension benefits XXXX has accrued with your company to present. This includes the most recent statement of his/her total accrued pension benefits from your company to present, what he/she has paid through present toward any pension plan, documents substantiating whether he/she is vested in any pension plan with your organization, and what his/her present monthly anticipated pension benefit would be, as accrued through present, upon his/her reaching eligible age for retirement in any pension plan.
7. All documents concerning all contributions XXXX has made to any 401(k), 403(b), 457, I.R.A., or any other like retirement account, deducted from his/her payroll from your company, as well as documents regarding any company matching funds or contributions made by the company for XXXX’s benefit to any such accounts.
8. All monthly 401(k), 403(b), 457, I.R.A., or any other like retirement account statements for XXXX. If any of those statements are not issued monthly, please provide whatever periodic statements were issued through present (e.g., quarterly reports). These statements should include the following information: balance of funds in the accounts at the time of the statement; any deposits, withdrawals, disbursements, or loans outstanding against accounts; and identity of the plan administrator.
9. Documents not already specified concerning all retirement benefits XXXX has accrued as a result of his/her employment with your company through present.