Legal Question in Employment Law in Florida

I work for two employers. A Fire Department, and a Hospital. I was served with a summons 2 days ago to appear at a hearing regarding a case from thru my work at the hospital. The day I am summoned to appear is also a shift/duty day for me at the fire department. I contacted FD administration immediately upon receipt of the summons to obtain leave. I have no expectation of being paid for my time from the FD to attend a hearing regarding a case resulting from work at another employer. I do expect to receive authorized absence for the hours necessary. I have contacted the prosecutor regarding the hearing and confirmed it IS a hearing, NOT a deposition, it cannot be rescheduled and I am expected to testify as a material witness. Therefore I can be held in contempt for failing to appear. So, bottom line is.. my chief at the FD is telling me they are not obligated to honor the summons since it is not a FD-work related hearing, and that I will be AWOL if I am absent from work to attend court on Tuesday which can result in discipline up to termination. My question obviously; Can they do that legally?


Asked on 8/28/11, 7:26 pm

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

You are obligated to submit to the subpoena. The free advice you get from anyone is worth just what you paid for it - Nothing. That includes this free advice.

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Answered on 8/31/11, 6:24 am


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