Can I make my past employer pay me for work time missed in order to go to a court trial on its behalf?

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Can I make my past employer pay me for work time missed in order to go to a court trial on its behalf?

I worked as a loss prevention manager for a major retail store for 3 years. I was fired about 6 months ago from said employer. I was contacted by the DA the other day about a old case I was apart of when I worked for the company I was fired from. I was the person who did the investigation of the person who is going to trial (she was fired for theft.) I work somewhere else now and have no desire to have to leave work to go to this trial. I’m going to lose money that I need to have to provide for my family. Can I force my old employer to pay for whatever time I miss from work for this?

Asked on September 17, 2011 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In a civil case against the employee I can surely state that you should contact the old employer and advise them that you will not appear unless you are compensated for the time lost from work.  But in a criminal matter you may not really have that kind of leverage.  The DA can subpoena you and if you do not appear at the trial as a witness then they can have you arrested (they will issue a warrant and have you dragged in).  I would, though,speak with the DA and explain your plight and let them know that you need to be compensated.  See where that takes you.  And yes  would contact your old employer as well.  The DA can not compensate you.  Good luck.


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