If my wife received a subpoena to appear in court but her employer will not give her time off, what can she do?

My wife works Wednesday through Sunday she had a court review for custody on Tuesday they continued it to Friday and issued a subpeona to be there. She showed her employer the subpoena and they said well of you don’t show up to work on Friday you will be terminated. Can they do that or is her job protected the court hearing?

Asked on September 21, 2017 under Employment Labor Law, Oklahoma


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

Answered 3 years ago | Contributor

Her employer needs to understand that she has been subpoenaed to appear in court and that a subpeona s a direct court order. If she fails to go, it can result in her being held a contempt of court. It is a public policy violation for an employer to not recognize a worker's duty to go to court. Accordingly, her company is not supposed to be able to punish her for attending. Typically, state law prevents such retaliation. At this point, she can contact a local criminal or employment law attorney for further advise.

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