Subpoena Question

[brokenheart_mom]

What is the name of your state? Texas
If a person is subpoenaed in Texas who pays the person's lost wages? The company they work for or the person ordering the subpoena?

 

[Beth3]

His employer isn't obligated to pay him unless your husband is an exempt employee AND is absent for less than a full day. But that has to do with the Fair Labor Standards Act, not the subpoena process.

I don't believe the entity issuing the subpoena has to pay for lost wages or any other costs incurred (i.e. travel), although perhaps one of the attorneys who posts here can weigh in and confirm that.

 

[brokenheart_mom]

Actually I am subpoenaing a friend of mine as a character witness. The hearing is 700 miles away from where she and I live.

 

[Beth3]

I can only assume your friend will be less-than-thrilled if he or she has to miss multiple days of work AND incur the costs of a 700 mile "commute" to the hearing or deposition. Oh well.

Are you working with an attorney? Depending on the legal issues pending, a character witness may not even be of any value.

 

[cbg]

Barring the exception Beth noted, the employer is not required to pay. They may if they so choose, or they may require the employee to use a vacation day, but the employer is not required to pay an employee for time they do not work.

So the employee will either have to take the day unpaid, or the person issuing the subpoena will have to pay. That's between the two of them. The law does not REQUIRE that ANYONE pay the person's wages (again, except in the situation Beth provided.)

 

[brokenheart_mom]

It's a divorce/child custody case. A character witness would be EXTREMELY beneficial per my attorney.

 

[Beth3]

Makes sense.

Since you posted in the employment law section, I thought that might be the underlying issue and character witnesses are often not relevant in that venue.

 

[brokenheart_mom]

I was actually hoping that the employer would have to pay, vs using any accrued personal or vacation time. I know that mine does, but I guess it's discretionary. Thank you for your help.

 

[cbg]

The employer would only have to pay, if the employee were testifying ON BEHALF of the employer.

Why should the employer pay for the employee to testify for someone else?

 

[brokenheart_mom]

I don't know that they should...other than the fact the a subpoena is court ordered and the employer must allow the employee time off. Like I said my employer does pay for up to 2 weeks for such leave. I understand it is discretionary and rightfully so. It makes sense that the person requesting the subpoena (me) would/should be the one to have to pay for the individual's lost time and travel expenses. I can't afford it, so was hoping that maybe there would be some sort of employment law allowing for such. But I understand that there isn't, and understand why. Oh well...didn't hurt to ask.

 

[cbg]

Nope, it never hurts to ask. Sorry we can't give you the answer you want.

 

[Beth3]

mom, employers often have policies that continue wages if an employee is called for jury duty. That's a different issue than what you're talking about though.