Q: Can a business refuse to give me a time that an employee comes into work if I’m trying to serve legal papers?
I’m trying to serve legal documents and I can’t sit outside their place of work all day waiting for them to come in.
A:
In general, a business is not required to voluntarily disclose information about their employee’s work schedules.
If you are an authorized process server, you can leave your business card for the employee and ask him to call you to arrange a convenient time to be served, but he is not obligated to do so. Most process servers will charge a reasonable hourly stakeout fee when it is necessary to do so.
If you do not want to stakeout the place of employment, I suggest you make three attempts on three consecutive days at different times and complete an affidavit of non-service for the party that hired you. That party can then file a motion for substituted service of process which will most likely be granted enabling you to serve anyone over 18 years of age at the subject’s verified place of employment.
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