Legal Question in Civil Litigation in Texas
My employer stated today that a Jury Summons will be treated as an "excused" absence but a Witness Subpeona would count against the employee as an "unexcused" absence. Employees only get 6 absences per year, anything exceeding 6 is grounds for termination. A witness subpeona legally requires to recipient to appear in court or face arrest for contempt of court. I didn't ask to be a witness! Can they legally do that?
1 Answer from Attorneys
I do not know if they can do that or not because I do not practice employment law; however, I have seen Judges call employer and lambast them for interfering with allowing an employee for either serving as a juror or testifying.
I would talk to the attorney that subpoenaed you and let them know about the work problems and see if they can have you arrive at a pre-set time so as to minimize the time away from work and to keep you from having to wait around the court house until you are called.
Finally, I would talk to the Judge about the situation and I am sure he/she would write a note for you and follow up with a phone call if needed. They do not like employers messing around with trials.
Andrew Hawkins
www.HawkinsWalker.com
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