Does my employer have to pay me for being out of work on a subpoena? Read more http//ask-a-lawyer.freeadvice.com/law-questions/does-my-employer-have-to–51500.htmixzz4Ox7yMO1S Under Creative Commons License Attribution Follow us FreeAdviceNews on

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Does my employer have to pay me for being out of work on a subpoena? Read more http//ask-a-lawyer.freeadvice.com/law-questions/does-my-employer-have-to–51500.htmixzz4Ox7yMO1S Under Creative Commons License Attribution Follow us FreeAdviceNews on

Does my employer have to pay me for being out of
work on a subpoena?

I work in a convenient store and watch someone
steal I called police they got them and I have to go to
court my boss told me they don’t pay me to go. ??

Asked on November 3, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot be terminated for being out of work due to a subpoena, but neither federal nor your state's laws require that you be paid for time spent responding to a subpoena. It is not work related in the sense that if the prosecutor subpoenaed you for a criminal  case, the state, not your employer, brought the case and is requiring you to appear--it is not at the employer's direction or instruction, and so is not considered work time for compensation purposes.


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