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Request for non-finacial work records

Discussion in 'Divorce, Separation, Annulment' started by Redleg42d, Nov 7, 2019.

  1. Redleg42d

    Redleg42d Law Topic Starter New Member

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    Jurisdiction:
    Massachusetts
    Is it normal for an attorney to be requesting my entire work personnel file during an uncontested, somewhat peaceful, divorce?

    I never been subject to any discipline or negative action, so I am not worried. I am however, disturbed, as the request seems highly irrelevant, and arbitrary. A few of my co-worker (who have been divorced) and a manager (also divorced) said this request is "unusual" and "first time I've seen this". Even my attorney said this was not typical but not "alarming"... need a second opinion from a total stranger.

    I feel this sort of request has put me in a negative light with my employer and raised questions in their minds. It's my beliefe this is nothing more than a tactic to try to provoke a reaction.
     
  2. hrforme

    hrforme Active Member

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    yes, I've seen it happen but as HR, and with internal legal counsel, we've always sent back a letter asking for specific requests on information they are looking for. Sometimes it's paystubs and timesheets. Sometimes they are looking for other things. And sometimes they never respond.

    I've just told the employee who has also spoken with their own attorney to squash it. There's no reason to over-react. Let your attorney know, hopefully you have one, right?
     
  3. Zigner

    Zigner Well-Known Member

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    You are represented - talk to your attorney.
     
    justblue likes this.
  4. justblue

    justblue Well-Known Member

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    Do you mean "quash it"? :p
     
  5. zddoodah

    zddoodah Well-Known Member

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    Not to be difficult, but whether it is or isn't "normal" is utterly unimportant. I assume this is your spouse's attorney. Correct? To whom did your spouse's attorney direct this request? Is it really a request, or did the attorney serve formal discovery or a subpoena? Why does the attorney want your "entire work personnel file"? At the end of the day, that last question is the most important in assessing whether or not you should be concerned about this.

    How many divorces has each of these persons been party to? One, maybe two? Hardly gives them the credibility to opine about what is or isn't "usual," don'tcha think?

    Why would you find an opinion from an anonymous stranger on the internet (who may or may not be an attorney, much less a family law attorney, and who, statistically speaking, is highly unlikely to have ever had any experience with a Massachusetts divorce) be of any value to you?

    Who are they (i.e., what is the antecedent of "their")? What is the factual basis for your "feeling" that this has put you in a "bad light"?
     
    Zigner likes this.
  6. army judge

    army judge Super Moderator

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    NORMAL is a very subjective word.

    What is NORMAL to Peter, might be ABNORMAL to Patricia.


    Why would a "stranger's" FREE opinion be more useful to you that YOUR attorney's opinion, which you received because you're paying said attorney MONEY?





    The action certainly DID provoke and move you, so much so that you're soliciting advice from strangers and internet TROLLS & Russian BOTS!

    The opposing counsel must be chuckling over her/his success.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Since this apparently comes from your wife's attorney I'm guessing that your divorce is not quite as uncontested and peaceful as you think it is.

    Else why would the two of you need attorneys in the first place?
     
    hrforme likes this.

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