Can my job count a court subpoena against me?

UPDATED: Oct 1, 2022

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Can my job count a court subpoena against me?

My job was aware that I was under a court subpoena. The first court date I told the attorney that I could not attend I was place on telephone stand by until a later court date was set. I finally received another court date and notified my job. On a Sunday before the court date, I caught a flat tire on the freeway around 8 pm and had to miss work Monday. I called my employer and notified them that I had received a new court date and I had to appear in court that Tuesday. I told them that I didn’t get the new court date until Friday around 4:30 when I was home and the attorney called me. My job counted my

subpoena against me even though the case got dismissed and I didn’t have to show up for court. The attorney was aware of my flat tire and was going to

send me a cab. I didn’t know until 10 am the same morning of court that the case got dismissed. Can my job count this against me and give me a written and verbal warning?

Asked on August 23, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, since the rule in this country (unless you have a written employment contract to the contrary) is "employment at will," your employer can give you warnings for this--they even could have terminated you. An employee at will has no protection from employer discipline.

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 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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