If I am subpeoned to court as a witness to a crime that happened at work, do they have to pay me for my missed time?

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If I am subpeoned to court as a witness to a crime that happened at work, do they have to pay me for my missed time?

I work at a gas station. I got subpoenaed as a witness to a misdemeanor crime that occurred while I was

on the clock. I know the court does not pay for my missed wages but would my employer have to pay for my missed time if the court day falls on my regularly scheduled day? I’m only asking because I wouldn’t have

seen anything if I hadn’t been on the clock in the first place and we only make minimum wage so missing the time would be a big deal for me financially.

Asked on December 4, 2018 under Employment Labor Law, California

Answers:

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

Answered 2 years ago | Contributor

Generally, there is no requirement that an employer pay a worker for their time spent in court regarding an appearance mandated by a subpoena, unless it is company policy to do so ir their is an employment.union agreemnt tht reuqies this. That having beens aid, an employer must give you time off to go to court and can't fire you or penalize you for the time off (but is not required to pay you). That having been said, you may be eligible for a witness fee; ask the entity that subpeonaed you.

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

Answered 2 years ago | Contributor

Generally, there is no requirement that an employer pay a worker for their time spent in court regarding an appearance mandated by a subpoena, unless it is company policy to do so ir their is an employment.union agreemnt tht reuqies this. That having beens aid, an employer must give you time off to go to court and can't fire you or penalize you for the time off (but is not required to pay you). That having been said, you may be eligible for a witness fee; ask the entity that subpeonaed you. 


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