Can an employer deny time off for court?

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Can an employer deny time off for court?

I have a subpoena to appear in court. I did let my employer know when and what

time I had to be there. My employer told me that time off is denied because

there are no paid time off slots available that day. Is that legal?

Asked on March 5, 2016 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends. Most states will protect an employee from being fired for jury service. And many also have protection if you are issued a subpoena to testify in a criminal case. However, you may have no protection from being fired because you go to court as party to a civil case or as a defendant in a criminal case. That's because your time off from work for something like this is considered to be a part of your personal life; therefore it is not viewed any differently than if you wanted time off to see your child's baseball game, deal with a car repair, etc. The fact is that in "at will" employment, a company can set the conditions of the work relationship must as it sees fit. This includes not giving an employee time off for most court appearances.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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