Legal Question in Employment Law in California

request for time off denied

I have requested 4 hours off from work with proof of court date and was denied. Reason: Due to this is a Monday and all alloted time off has already been taken. Is this legal for my job to deny my court date?


Asked on 3/17/04, 8:04 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: request for time off denied

If it is for your own criminal or civil court appearance, there is no requirement to give you time off. You could be fired. If it is for a witness subpeona or jury duty, probably requires time off without retaliation.

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Answered on 3/19/04, 2:20 pm
Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

Re: request for time off denied

Is your appearance a criminal matter or subject to a subpoena? If so, your employer cannot prevent you from attending court, further your employer is prohibited from retaliating against you for attending court in response to a court order or a subpoena. The Judge will not be pleased if you do not appear at the court hearing if you are under subpoena or order of court to appear.

Perhaps you could tell your employer that you have no choice but to appear at the court hearing. Then bring back from the court evidence that you were present.

You are welcome to call me if you have any further questions.

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Answered on 3/18/04, 10:23 pm


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