Can you subpoena your own e-mails from the job you got fired from?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you subpoena your own e-mails from the job you got fired from?
I have an appeal coming up and I have a boss he is saying he never approved something but I have it on an e-mail showing that he did. But I can’t get to it because I no longer work there.
Asked on November 4, 2010 under Employment Labor Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Many states allow you to ask the Judicial Hearing officer for the ability to be able to subpoena records from your employer. There is an understanding that inherent in an unemployment battle with your ex employer is their control over all the evidence you may need to present in your case. Bosses are sneaky, though, eliminating e-mails. You may have to go beyond an e-mail search and ask to have a tech person examine the server. E-mails are stored somewhere on the server and are never really fully deleted. I would call the unemployment office and ask what their procedure is long before the hearing date. You may want to go down in person and be a presence there. Phone call messages could be easily misplaced. Good luck.
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 AttorneyPages.com 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.