Legal Question in Civil Litigation in California
subpeona
a witness is supeoned for 0830 on a case involving his employer. he is told to report to work, dressed for work at 0700 because he will be on call rather than going to the courthouse at 0830. does he comply with the subpeona or with instructions from employer?
1 Answer from Attorneys
Re: subpeona
The employee should comply with the subpoena, and should check with the attorney who issued the subpoena to verify that he is actually on call.
If the attorney states that the witness is not on call, the employee should comply with the subpoena and appear at the time stated in the subpoena.
In California, an employer who punishes or terminates an employee complying with a lawful subpoena can be sued for what is known as a Tameny claim. There are statutes in California under the Labor Code that prohibit an employer interfering with an employee's attempt to comply with a lawfully issued subpoena.
Very truly yours,
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