Can my job dock my pay if I get Subpoenaed?
Find answers to your legal question.
Can my job dock my pay if I get Subpoenaed?
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I was given a Subpoena for my cousin's custody hearing and missed 3 days of work. I am payed salary because I am management. Today I got a call from my supervisor telling me that they were going to take how much I make in one week and then divide it by 40 to see how much I would make because of the days I was gone. Then they would dock it according to the amount of hours I worked that week. Is this legal???
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Rathorien L
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Yes. Unless you can use vacation days, your employer can dock your pay pro rata for the time your were absent from work.
Btw - most courts have rules that require witness compensation for subpoenaed witnesses but you have to follow their procedures which generally require you to do things prior to your testimony to ensure compensation. The compensation is pretty nominal (usually in the ballpark of about $30 plus travel expenses) but you may want to keep that in mind if a future situation like this arises.
Edit: Court regulated wage compensation IS compensable when the filing witness complies with the court rules but the costs are imposed on the subpoenaing party, not your employer. |
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Judy
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Yes, that's legal - they don't have to pay you for days you didn't work. |
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v b
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Your employer can probably require you to take vacation time. If you don't have vacation, then they can have you take leave without pay.
They are not responsible for paying you when you aren't working. Being on salary doesn't change this. |
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Alex P
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It sure is! |
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Starlight
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Yes, completely. It does not matter if you work salary or hourly wage, they don't have to pay for time you didn't work. |
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Heather
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It shouldnt be. Ask a local lawyer or look in the phone book under government pages and find pretty much any place call it and they will direct you to who you need to speak with for that information |
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rwa000
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the subpoena is for a civil case that does not involve you, it is not like jury duty, going to court fo a custody hearing is not compensable |
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