What would describe just cause for my employer to subpoena my cell phone bill?

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What would describe just cause for my employer to subpoena my cell phone bill?

I work for IL Department of Corrections. They do have certain subpoena powers but do they have the power to subpoena my records just because they think I brought it into the institution. Nothing else to go on.

Asked on March 21, 2011 under Employment Labor Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

At this point, as a Department of Corrections employee, check with your union representative to help determine if past cases like this have occurred, in particular with your unit and also review your contract/handbook with your union representative to determine if the Department of Corrections has authority to subpoena you based on just cause. Just cause can mean a lot of things but as you know, it could be as simple as video surveillance, it could be based on informant information in the jail system, other employees who were witnesses, even the prisoners themselves. If you did bring a cell phone into the institution and you were not to do that because of security concerns for you, for other security and personnel and to prevent any compromise of security by prisoners, then you may need to consider speaking with private counsel about coming clean and seeking a resolution that won't have you lose your job. Good luck and remember, just cause nowadays could mean anything as long as it is not retaliatory.


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