What is their obligation?

[Tapped Out]

What is the name of your state (only U.S. law)? MA

I was named as a defendant in a small claims case. The hearing falls during my work hours. Is my employer obligated by law to give me the time off to defend myself? Would it make any difference that I work for a non-profit? Do they have to pay me that day, anyway?

Thank you, in advance...

 

[Antigone*]

What is the name of your state (only U.S. law)? MA

I was named as a defendant in a small claims case. The hearing falls during my work hours. Is my employer obligated by law to give me the time off to defend myself? Would it make any difference that I work for a non-profit? Do they have to pay me that day, anyway?

Thank you, in advance...

What makes you think they'd have to pay you? What did they say when you showed them the summons?

 

[HomeGuru]

What is the name of your state (only U.S. law)? MA

I was named as a defendant in a small claims case. The hearing falls during my work hours. Is my employer obligated by law to give me the time off to defend myself? Would it make any difference that I work for a non-profit? Do they have to pay me that day, anyway?

Thank you, in advance...

**A: you get time off but unpaid. If work related then they pay.

 

[Tapped Out]

I moved here from Canada a number of years ago and, in Canada, they'd have to pay me.

To answer your question, when I showed my superior the summons, she said, "Wow. That's most unfortunate." I am reasonably sure that I won't be faced with any impediments, I was just trying to do some research. Can you answer my questions, please?

Thank you.

 

[Tapped Out]

HomeGuru, thank you. That's all I was after.

 

[cbg]

Actually, MA's Small Necessities Leave Act does not cover court time. In these specific circumstances the answers are no, no, and no.

That does not mean your employer will not give you the time off. It means that the time is not protected by law and can be held against you. It need not be paid and the fact that it is a non-profit is irrelevant.

 

[eerelations]

I moved here from Canada a number of years ago and, in Canada, they'd have to pay me.

Uh-uh, nope, absolutely not.

In Canada, if you're subpoenaed (sp?) as a witness, then your employer can't fire you. But your employer does not have to pay you. The court system pays you, and if your employer chooses to pay you for your time in court, your employer may require you to hand over whatever the court system pays you for your time in court. And this is not only legal, but extremely common.

In Canada, if you're called as a defendant in a civil case, such as one in small claims court, the court system does not pay you for your time. Your employer is not legally required to pay you for your time in court, and your employer is legally allowed to fire you for being absent from work because you were spending your work time defending yourself in court.

Period.

I'm in Canada and have been providing legal advice and guidance to Canadian employers and employees for more than 20 years. The foregoing is 100% accurate and true.