Discovery from nonparties is governed by the requirements of Tex. R. Civ. P. 205.
Suggested Language for Production of Employment Records
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Select only as applicable. |
1.The complete personnel file maintained for [name] for the entire period of employment.
2.The original employment contract or agreement for [name].
3.The payroll records showing the gross pay, including commissions, deferred bonus, and severance pay, withholding deductions, and net pay for all compensation paid to [name] for the period from [date] to the date of production of the records.
4.The expense-account records showing the nature and amount of all expenses reimbursed to [name] under the terms of employment for the period from [date] to the date of production of the records.
5.The original or official ERISA wrap document, summary plan description, and current rate sheets for all health and welfare benefits, including the health insurance plan, medical reimbursement plan, life insurance plan, and disability plan in which [name] participates or is eligible to participate.
6.The summary plan description or, if none, the plan documents for each employee stock ownership plan, stock option plan, phantom stock plan, stock appreciation plan, restricted stock plan, deferred compensation plan, employee retirement plan, pension plan, profit-sharing plan, savings plan, defined contribution plan, defined benefit plan, qualified plan, nonqualified plan, or other employee benefit plan in which [name] participates currently or has participated in the past.
7.For all employee and retirement benefit plans in which [name] participates or has participated: (a) the full plan name; (b) any loan, withdrawal, or distribution information; (c) quarterly or annual statements; (d) dates of participation; and (e) stock award or grant letters for the period from [date] to the date of production of the records. For all defined benefit plans, please include a current age sixty-five benefit estimate assuming that [name] terminates employment on [anticipated date of mediation or divorce or date the request is made].
8.Any documents and information pertaining to all bonus plans in which [name] participates, including how the amount of the bonus is determined, the form in which the bonus is paid, when the bonus is typically paid, and the amounts and dates of any bonuses received for the period from [date] to the date of production of the records.
9.The travel records showing the date and place of destination and duration of all periods of travel of [name] for the period from [date] to the date of production of the records.