Can your boss make you choose work over court?

Previous | Next
 rated by 0 users
Latest post 05-01-2012 6:30 PM by Taxagent. 12 replies.
  • 04-28-2012 4:28 PM

    • danibee
      Consumer
    • Not Ranked
    • Joined on 04-28-2012
    • NC
    • Posts 3

    Can your boss make you choose work over court?

    If it states in your policy that you bring a note to work from court that it is ok and your boss tells you; it's eithier work or court. What can you do? I have a legal matter going on and my boss flat out told me I had to choose, and I have gave him a note every time I go to court and even go back to work after court. Now I have one last try at court and he has told me HE WILL FIRE ME if I go! I am lost and I know there has to be something I can do. Can any one help?

  • 04-28-2012 4:41 PM In reply to

    Re: Can your boss make you choose work over court?

    Hi

    I am sorry for you court problem.

    That's always a pain, and many times, they delay, cancel whatever.

    But as far as I know, your boss can likely fire you right this second for no reason if he or she feels like it.

    Do you have any sort of contract or belong to a union or anything?

    You simply have to show in court in my opinion.

    But you have to show at work.

    Boy, that's a tough one.  I'd probably pick court.

    You don't want it hanging over your head.

    I'm not a lawyer, and that's just a personal opinion.

     

  • 04-28-2012 4:59 PM In reply to

    Re: Can your boss make you choose work over court?

    It's obvious that court is critical for you.

    So your choice is easy.

    Go to court.

    If you get fired it won't disqualify your unemployments.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-28-2012 5:10 PM In reply to

    Re: Can your boss make you choose work over court?

    danibee:
    I have a legal matter going on and my boss flat out told me I had to choose, and I have gave him a note every time I go to court and even go back to work after court. Now I have one last try at court and he has told me HE WILL FIRE ME if I go! I am lost and I know there has to be something I can do.

    The reality is that the law likely affords you no protection here. Many states will protect you from being fired for jury service. You might also have protection if you are issued a subpoena to testify in a criminal case.

    But I know of no state that protects you from being fired because you go to court as party to a civil case or as a defendant in a criminal case. Your time off from work for those things is simply part of your personal life, not much different than, say, taking time off to see a kid's baseball game, deal with a plumbing leak at home, bail a spouse out of jail, or any of the countless other things that demand your time and that you can be fired over if you miss work to do them. Just the fact that it is court that you are attending doesn't make it more special than those other things; at least not enough that legislatures are willing to give you legal protection for it. Should it really make a difference that you miss work because, say, you are battling an ex in court over child support rather than something like attending to needed home repairs or whatever? That's a personal battle you choose to fight, after all. I don't mean to discount the importance of the court matter to you, but like much else in life you have to weigh that against other priorities and decide what matters most. Yes, it sucks sometimes, but that that's the way it goes.

    I suggest you ask your attorney about it (and I hope you have one) to see if your state might have an unusual law in this regard that might protect you. But don't get your hopes up too high on that.

  • 04-28-2012 5:38 PM In reply to

    Re: Can your boss make you choose work over court?

    Do you have the ability to take a vascation day?

  • 04-28-2012 6:35 PM In reply to

    Re: Can your boss make you choose work over court?

    oh by the way

    just so you know

    and I apologize as this might sound offensive, but it is not meant to be

    You don't sound like you are in High School anymore.

    A note from your doctor, your court, your mom, means usually zero.

    Yes, I know, the world isn't fair, everyone cheats, and you can't trust anyone.

    Those were my parting words when I moved out of my parents house.

    So go to court and do what you have to do!

    Just MY humble opinion!

     

  • 04-28-2012 8:56 PM In reply to

    • danibee
      Consumer
    • Not Ranked
    • Joined on 04-28-2012
    • NC
    • Posts 3

    Re: Can your boss make you choose work over court?

    no i Have only been there for 6months

     

  • 04-28-2012 9:00 PM In reply to

    • danibee
      Consumer
    • Not Ranked
    • Joined on 04-28-2012
    • NC
    • Posts 3

    Re: Can your boss make you choose work over court?

    It is a high paying job in New Bern N.C. at a yahcts company. I have been there 6 months and in the contract I signed it states court, and doctors ... are accepted. Im going to court for a civil matter.

  • 04-29-2012 2:12 PM In reply to

    Re: Can your boss make you choose work over court?

    danibee:

    It is a high paying job in New Bern N.C. at a yahcts company. I have been there 6 months and in the contract I signed it states court, and doctors ... are accepted. Im going to court for a civil matter.

    What you signed, is it a real contract or just a confirmation of employment, duties, policies?

    There's a big difference.

    Most people make that mistake and don't understand that the boss' policies are what the boss says they are today.

    One of the key elements of an employment contract is duration - a start date and an end date. There might or might not be other elements that make it a contract or not.

    If you want to post the contract word for word here, we can give you comments about it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-30-2012 3:22 PM In reply to

    Re: Can your boss make you choose work over court?

    If there is an HR dept., go there before you get fired. Most times HR defends the manager. Occaisionally, when the manager is in violation of company policy, they reign him/her in.

    If this is an owner operated company, you may be at risk for termination.

     

  • 04-30-2012 3:30 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,051

    Re: Can your boss make you choose work over court?

    I agree with the others. If this is a personal legal matter, you probably don't have any legal recourse if you get fired.

    For example, is your court date on a family law matter? That's personal.

    Another example, you are suing someone civilly for damages (reason immaterial) or someone is suing you civilly because that person believes you damaged them. Again, that's personal.

    Finally, if your court date is because of some criminal charges that the state lodged against you or a sentencing hearing for example, again that likely is personal.

    On the other hand, if you were subpeoned as a witness, some states will protect your job although even here, some of these laws and rules may not apply to small employers. (It sounds like you do work for a rather small employer.)

    If your court appearance was mandatory and you do get fired, you probably will qualify for Unemployment Compensation (UI). It certainly costs you nothing to file for same, if you do lose your job over this matter.

     

  • 05-01-2012 2:25 PM In reply to

    • CJ
      Consumer
    • Top 50 Contributor
    • Joined on 08-02-1999
    • CA
    • Posts 1,650

    Re: Can your boss make you choose work over court?

    You've stated "I have gave him a note every time I go to court" which tells me this isn't the first time nor the second time you've needed to be in court during your scheduled work hours. 

    You've only been at this job for 6 month and you were hired because they needed someone to actually DO this job correct?  So if you're out of the office and not doing the job that they hired you for seems to me sounds like grounds for fireing.  You're personal matters are of no concern to them especially since you haven't even been employed there long enough to accrue personal time off.

    A job is a job and if you can't do the job you were hired to do then they absolutly have the right to let you go. 

  • 05-01-2012 6:30 PM In reply to

    Re: Can your boss make you choose work over court?

    danibee:
    I have been there 6 months and in the contract I signed it states court, and doctors ... are accepted. Im going to court for a civil matter.

    Did you sign an actual contract, or simply an acknowledgement of the company employee handbook? The distinction is important because handbooks are typically not contracts and employees cannot really rely on them. In general, unless you executed a contract for employment for a specific term (e.g. one year, five years, etc) and that contract limited the circumstances in which you may be fired, you have no protection from being fired for something like this.

    So, what did you sign? Was it an employment contract for some specific period of time? Acknowledgment of the company handbook? Or something else? And exactly what does the provision about "court notes" say?

Page 1 of 1 (13 items) | RSS

My Community

Community Membership New Users: Search Community