CCP Section 209 (b) Ordered to Appear in Court, however, employer has declined to allow me to appear
<p>My employer has declined to allow me to appear in court today. I missed two jury summonses and have been issued an order to appear to explain. I am due to show today, however, my employer has a lot to get done today (big client deadlines, etc.), and has declined me request to leave. Is this legal? He mentioned a 48-hour notice requirement. What should I do? Is there an application for excusal? I do not want to be imposed monetary sanctions.</p>

<p>If you don't go to court the court can issue an arrest warrant. Telling the court that your employer forbade you may or may not let you avoid punishment for contempt.</p>

<p>You are obliged as an employee to follow the lawful and reasonable requests of your employer. Telling you not to follow a summons is neither legal (technically it's an attempt to pervert the course of justice) nor reasonable. Presumably, the requirement for 48 hours notice is contractual: contracts are only valid where they are not in conflict with the law: this is.</p>

<p>If you go your employer is under no obligation to pay you for the time you miss but it would not be lawful for them to impose sanctions.</p>

<p>Call the court, ask to speak to the registrar, explain the situation and ask what to do. Then do that.</p>

<p><a href="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&amp;group=00001-01000&amp;file=200-244" rel="nofollow noreferrer">California Labor Code 230</a> states that you may not be penalized for being called to jury duty, nor may you be penalized if you or a family member are the victim of a felony or are called as a witness in a judicial proceeding, nor if you are the victim of domestic violence, sexual assault, or stalking and are taking time off to seek injunctive relief. The most applicable subsection is (b):</p>

<blockquote>
  <p>An employer shall not discharge or in any manner discriminate or
  retaliate against an employee, including, but not limited to, an
  employee who is a victim of a crime, for taking time off to appear in
  court to comply with a subpoena or other court order as a witness in
  any judicial proceeding.</p>
</blockquote>

<p>If you are going to appear as a witness, you are covered, although on the face of it you are facing an accusation, and not serving as a witness, so you would need to persuade him that what you're doing is "being a witness". Given the specificity of the laws, and the fact that they don't say something like "are ordered to appear in court for any reason", then I think it is unlikely that the court would compel the employer to allow you to appear (they would have no statutory authority), unless they conclude that you are being a witness. If not, you may be able to request a postponement of the hearing, until a time when you are not scheduled to work.</p>

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