Can my job count a court subpoena against me?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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