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I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Criminal Law Discussion Forum

I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Postby burdett » Sun Oct 30, 2011 8:18 am

to appear as a witness in a court case. The front desk directed me to wrong court room and so it appeared as though I was a no show. The judge ordered 2 sheriffs to go to my place of employment to bring me in for contempt. The sheriffs stormed in to the restaurant (which was full at lunch time) and disruptively made a pubic statement as to who they were there to arrest. This caused a scene in my employers place of business and he came to the front, told the officers I was not there and asked them to please go now. He then turned to several of my co-workers and told them to immediately take me off the schedule. My girlfriend that also work there called me and I waited until the next day to call and speak to my boss. He would not come to the phone so I drove up to the restaurant and left him a note explaining that I was not the one in trouble with the court but that I was simply a witness and was only thought to have not shown up, also not my fault. When he did not return my phone call by the end of the week I drove there at closing time and when he was leaving the building I was in the parking lot, picking up my friend and he approached my car. I said to him again, "I didn't hear from you, nor was I on the new schedule like you told me I would be. He said, "yea so you want to come back to work then, Okay, sorry I just copy over the names from the prior week to the new schedule and I forgot about you because your name wasn't on the old one." Again he told me that he would put me on the next schedule, which is done weekly. In the meantime I am not pursuing other employment because I have been lead to believe that I am being permitted to return to week. I was not put on the schedule again the following week and refused to humble myself any further for no wrong doing on my part to begin with. It took me another month to find another server position and another two weeks to receive any wages after a 2 week training period. This caused much grief and hardship to figure out how to sustain my self and my six year old daughter. Have any employment laws been violated here. Did the Sheriff Dept. have the right to impede my ability to keep my job after causing a scene in the restaurant, making me look like a criminal, publicly announcing my name, and causing my employer to basically fire me without officially doing so face to face with me being present? Please help. I have found the rules on Michigan employment be an "at will" state. However, there have been cases of precedence to protect the employee as well from things that are considered on a case by case basis to be "wrongful discharge" or promising me employment which detained me from seeking other work, when the restaurant owner obviously had no intention of rehiring me.
burdett
 
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I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Postby rheged » Sun Oct 30, 2011 8:22 am

Do you have a question buried somewhere in that wall of text?

Next time make sure you know where to report when called by the court. It's 100% your responsibility.
rheged
 
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I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Postby donough » Sun Oct 30, 2011 8:29 am

Sorry, but you have no case.
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I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Postby adusa37 » Sun Oct 30, 2011 8:33 am

Ever hear of paragraphs?????


The sheriff arrested you for failing to show up in court. They did not prevent you from earning. Living.

Why would your employer not hire you back? Have you explained what happened?
adusa37
 
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I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Postby breasal » Sun Oct 30, 2011 8:37 am

Your job is a "work at will" job which means you can quit or be fired for any reason or no reason at all, and with or without notice. There is also no law that states your (former) boss must respond to any communication from you written or verbal. And even if he said he was going to put you back on the schedule, the fact that he didn't still isn't breaking the law - it's just unprofessional on his part.

The judge didn't order 2 Sheriffs to find you, he put out a warrant for your arrest. And the Sheriff's office followed whatever protocol they have for delivering on that warrant. Apparently that means two officers serve the warrant in the county you were working in.

Regarding putting you on the schedule: Even if someone says they are going to schedule you, it doesn't mean they legally have to. But to tell you that they are and then not to do so is, again, unprofessional.

Did the Sheriffs Dept. have to "storm in and make a public statement". Maybe, maybe not. But not knowing the nature of the case, your background, or anything else about the situation, they may have felt compelled to make sure everyone knew that something was about to occur, and it might not be pleasant.

Regarding begin sent to the wrong courtroom: Before you left the courthouse, you honestly should have checked in with whoever sent you to the wrong location. You should have also called the person/office that subpoenaed you as a witness when it was clear you were in the wrong place. Sorry, but you probably bear some of the responsibility to get to the right place.
breasal
 
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I was recently fired from a job at a restaurant where I worked as a server. I was subpoenaed by a local court?

Postby arne33 » Sun Oct 30, 2011 8:43 am

Go to the state's Labor Board and state your case.
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