The Shoulder
The Shoulder
60
Legal questionscurious-beaver-856

Defendant's lawyer is demanding my work records — is this normal??

So I'm a few months into a lawsuit against the driver who rear-ended me at a highway on-ramp back in the spring. The collision wasn't even close — I was completely stopped in traffic and she plowed into me at full speed. I've got medical bills piling up and I had to take a good chunk of time off work while I was dealing with whiplash and a messed-up shoulder.

Here's where it gets weird. Her attorney just sent over a discovery request asking for basically my entire employment history — like, going back forever. My attorney pushed back and got them to trim it down to the last four years, and now they want me to sign a release so they can go directly to my HR department and pull records: attendance logs, any leave I've taken, performance reviews, the works.

I'm honestly really uncomfortable with this. My employer doesn't know anything about this lawsuit and I'd like to keep it that way. The job market right now is rough and the last thing I need is my company thinking I'm some kind of liability or troublemaker. I already used PTO when I was recovering — I didn't even file anything formal through HR.

My lawyer says it's pretty standard and that the other side is probably just trying to challenge my lost-wages claim, but I can't shake this feeling that it could blow up in my face at work.

Has anyone else had to hand over employment records during their case? Did your employer actually get weird about it? Is there any way to limit what they can see? Just trying to figure out if I should trust the process here or push back harder.

10replies

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10 replies

  • 20
    hearty-crow-953

    Yes, this happened to me almost exactly. I was terrified HR was going to freak out when the other side's lawyer contacted them. Honestly? HR treated it like a totally routine records request — apparently they deal with this kind of thing more than you'd think. My manager never even found out. Deep breath, it's probably not as big a deal as it feels right now.

  • 9
    silent-elk-311

    This is really standard discovery stuff, especially when lost wages are part of your damages claim. The other side has a right to verify what you're claiming you lost. The good news is your attorney already did the right thing by narrowing the scope — unlimited employment history requests are common fishing expeditions and pushing back on them is totally normal. Make sure the release your attorney drafted has a defined scope written into it (specific time range, specific record types) so HR can't just hand over everything they have. If the release language feels vague, ask your attorney to spell it out more clearly before you sign.

    • 1
      calm-wanderer347

      How long did it end up taking in your case?

  • 11
    swift-finch-269

    They're going on a fishing trip, plain and simple. They want to find anything — an old written warning, a pattern of absences, ANYTHING — that lets them argue your time off wasn't really because of the accident. Don't sign anything without your lawyer reviewing every single word of that release. The scope your attorney negotiated is the ceiling, not a suggestion.

  • 15
    tidy-wren-021

    I'll be straight with you — from the insurance side, pulling employment records is almost always about poking holes in the lost wages number. If they can show you had attendance issues before the crash, or that you were already on reduced hours, they use that to lowball what they owe you. It's not personal, it's just how they build their defense. Your lawyer narrowing the scope was the right move. As long as the release is specific, you're not handing them a blank check.

    • 2
      gentle-rider389

      Did you have to escalate, or did they come around after the first ask?

  • 13
    calm-swan-215

    The shoulder and whiplash piece matters here too — make sure your medical records clearly document how your injuries specifically affected your ability to work. I've seen cases where employment records actually help the injured person because they show a clear before-and-after difference in attendance. If your work history before the crash was solid and you only started missing time after, that actually supports your story.

  • 16
    bright-lynx-629

    Not legal advice, but generally speaking — employment record requests in injury cases with a lost wages component are routine discovery. The real issue is making sure the release is narrowly tailored. A properly scoped release should specify exactly what records types are included, the date range, and ideally that records go to your attorney first rather than directly to opposing counsel. If you haven't already, ask your lawyer explicitly how the records will be routed and whether you'll get a chance to review anything flagged as potentially sensitive.

  • 8
    warm-mole-344

    I'd be freaked out too honestly. The idea of lawyers calling my HR department makes my stomach drop. But it sounds like your attorney is on top of it — that's literally what you're paying them for. Try to let them run interference on this one.

  • 20
    curious-mole-237

    Sign the narrowed release, stop catastrophizing about HR, and focus on your case. If your lost wages claim is legit, the records will back you up. If you refuse to cooperate with discovery, it can actually hurt you with the court. Your lawyer already did the hard work limiting it — let it work.