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Can I fire an employee who will miss work because he has been subpoenaed?

by on
in Firing,Human Resources

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.

A. Don’t do it. Texas law prohibits an employer from firing or otherwise disciplining an employee for complying with a valid subpoena to appear in any civil, criminal, legislative or administrative proceeding. That includes divorce cases.

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