Dayton, OH asked in Employment Law for Ohio

Q: I live in Ohio and my employer is denying me time off to show up to a subpoena to be a witness. Is this legal?

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1 Lawyer Answer
Neil Klingshirn
Neil Klingshirn
  • Independence, OH
  • Licensed in Ohio

A: You have an obligation to respond to a subpoena, just like you have an obligation to serve as a juror when called. If your employer terminates your employment because you respond to the subpoena, you will probably have a claim for wrongful discharge.

That said, being fired with a claim for wrongful discharge is not nearly as good as remaining employed. To avoid termination or discipline, I suggest that you contact the attorney who issued the subpoena, tell them you have an irreconcilable conflict, and ask to schedule the hearing or deposition to a time that does not conflict with your employment.

If denied, tell your employer that you have an obligation to appear and could face sanctions if you don't. If that doesn't persuade the employer, then consult your own attorney. You can seek a protective order from the court that issued the subpoena, but that will involve legal fees.

My bet is that the attorney who issued the subpoena will work with you.

1 user found this answer helpful

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