Hopping mad right now
It is 4:45am. I'm still fuming, I've been unable to sleep all night.
Shortly before 5pm yesterday (Friday), I was served with a subpoena to testify in a civil trial on behalf of my former employer. This would not be a big deal, and normally I'd be happy to do it (we left on very good terms), but I'm scheduled to testify in a week.
I know for a fact that the attorney has known about this trial date for months. When the attorney called me by telephone and asked me if I remembered the facts of the case, I indicated that I did. This was back in August. I also remember specifically telling the attorney to give me as much notice as possible, as I was then very active in my job search while finishing up graduate school, and I wanted to give as much notice as possible to my new employer, whoever that might be.
As it turns out, I have an extremely important out-of-state business meeting on the date that I am supposed to testify. I am very new to this job (I've been employed an entire month) and I'm expected to head up this meeting on behalf of my company. I have been preparing for the last week to do this task, nobody else at the company is prepared, and we're a small company -- there's no one else who can just give up their schedule with no notice and step in to take over.
On top of that, I have a sneaky suspicion that if I tell my boss that I have to leave him high and dry, I could find myself looking for employment elsewhere. I've worked too hard for too long to get this position, my wife is now in school, and sudden unemployment would spell financial disaster for us.
Naturally, I immediately attempted to telephone the attorney or his paralegal, but since the process server hit me so late in the afternoon, their office was closed.
I've sent an e-mail to the attorney and his paralegal, outlining my outrage over the lack of timely notification, and included a copy of my airline tickets showing that I'm schedule to be out of town. I also offered to give a deposition prior to my leaving town, but stated in no uncertain terms that my missing my out-of-state business meeting is non-negotiable.
To add insult to injury, the notice included a $35 check for my "time and expense." $35 doesn't even cover the gas and parking to get to and from the courthouse (140 miles round trip through Denver and Colorado Springs rush hours both ways). Moreover, I'm not sure who earns $4.37/hour, but if they're expecting me there 8 hours, I expect to be compensated appropriately. I mentioned in my e-mail to them that $35 won't cover my "time and expense."
If the attorney is trying to convert a friendly witness to a hostile one, he is doing a good job.
We'll see what happens on Monday. Meanwhile, what I didn't have time for this week was to find my own lawyer to figure out what my rights are, and how I can continue on my very important business trip.
Poor planning on the law firm's part shouldn't create an emergency on my part.
Shortly before 5pm yesterday (Friday), I was served with a subpoena to testify in a civil trial on behalf of my former employer. This would not be a big deal, and normally I'd be happy to do it (we left on very good terms), but I'm scheduled to testify in a week.
I know for a fact that the attorney has known about this trial date for months. When the attorney called me by telephone and asked me if I remembered the facts of the case, I indicated that I did. This was back in August. I also remember specifically telling the attorney to give me as much notice as possible, as I was then very active in my job search while finishing up graduate school, and I wanted to give as much notice as possible to my new employer, whoever that might be.
As it turns out, I have an extremely important out-of-state business meeting on the date that I am supposed to testify. I am very new to this job (I've been employed an entire month) and I'm expected to head up this meeting on behalf of my company. I have been preparing for the last week to do this task, nobody else at the company is prepared, and we're a small company -- there's no one else who can just give up their schedule with no notice and step in to take over.
On top of that, I have a sneaky suspicion that if I tell my boss that I have to leave him high and dry, I could find myself looking for employment elsewhere. I've worked too hard for too long to get this position, my wife is now in school, and sudden unemployment would spell financial disaster for us.
Naturally, I immediately attempted to telephone the attorney or his paralegal, but since the process server hit me so late in the afternoon, their office was closed.
I've sent an e-mail to the attorney and his paralegal, outlining my outrage over the lack of timely notification, and included a copy of my airline tickets showing that I'm schedule to be out of town. I also offered to give a deposition prior to my leaving town, but stated in no uncertain terms that my missing my out-of-state business meeting is non-negotiable.
To add insult to injury, the notice included a $35 check for my "time and expense." $35 doesn't even cover the gas and parking to get to and from the courthouse (140 miles round trip through Denver and Colorado Springs rush hours both ways). Moreover, I'm not sure who earns $4.37/hour, but if they're expecting me there 8 hours, I expect to be compensated appropriately. I mentioned in my e-mail to them that $35 won't cover my "time and expense."
If the attorney is trying to convert a friendly witness to a hostile one, he is doing a good job.
We'll see what happens on Monday. Meanwhile, what I didn't have time for this week was to find my own lawyer to figure out what my rights are, and how I can continue on my very important business trip.
Poor planning on the law firm's part shouldn't create an emergency on my part.
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CRCP 45(c) says that for a subpoena, "Unless otherwise ordered by the court for good cause shown, such subpoena shall be served no later than forty-eight hours before the time for appearance set out in said subpoena." So technically, the attorney is OK.
Now, I have had to issue subpoenas before and prepare for trials. The problem is that the Court sets a trial date, but there are probably 10 other trials set for that date. So, the case may not go. You don't want to put everyone out, have everyone change schedules, only to find out that it won't be going.
I would call the attorney, and tell him that you will make yourself available after hours, at his office, for a "de bene esse" deposition. Tell him to notice it up for taking, and contact the other side. If not, you will file an emergency motion with the Court to strike the subpoena, because you CANNOT be there.0 -
Interesting (but annoying) situation. Glad to see Jgreen weigh in on this.... 0 -
quote:Originally posted by texaswildman
Interesting (but annoying) situation. Glad to see Jgreen weigh in on this....
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I am not an attorney but I work with a lot of attorneys. You were lucky you got 1 week. Witnesses are often called depending on the pace of the trial. They never know when they will need your testimony. That being said if you are not directly involved in the case (i.e. at fault or direct witness to the event) maybe your ex-company lawyer can get another person from your old department to swap days with you. If you are just there to say that you have never seen your ex-company act in a particular manner there is no reason why your colleague can't go first. 0 -
quote:Originally posted by Jgreen
CRCP 45(c) says that for a subpoena, "Unless otherwise ordered by the court for good cause shown, such subpoena shall be served no later than forty-eight hours before the time for appearance set out in said subpoena." So technically, the attorney is OK.
Now, I have had to issue subpoenas before and prepare for trials. The problem is that the Court sets a trial date, but there are probably 10 other trials set for that date. So, the case may not go. You don't want to put everyone out, have everyone change schedules, only to find out that it won't be going.
I would call the attorney, and tell him that you will make yourself available after hours, at his office, for a "de bene esse" deposition. Tell him to notice it up for taking, and contact the other side. If not, you will file an emergency motion with the Court to strike the subpoena, because you CANNOT be there.
That basically sums it up. Good luck finding deposition time this close to trial.
What you are really gonna love is when you do all these contortions and finally you are there at court, and they settle right before the trial.
Reset your meeting, show up, get on with life.0 -
quote:Originally posted by mateomasfeo
quote:Originally posted by Jgreen
CRCP 45(c) says that for a subpoena, "Unless otherwise ordered by the court for good cause shown, such subpoena shall be served no later than forty-eight hours before the time for appearance set out in said subpoena." So technically, the attorney is OK.
Now, I have had to issue subpoenas before and prepare for trials. The problem is that the Court sets a trial date, but there are probably 10 other trials set for that date. So, the case may not go. You don't want to put everyone out, have everyone change schedules, only to find out that it won't be going.
I would call the attorney, and tell him that you will make yourself available after hours, at his office, for a "de bene esse" deposition. Tell him to notice it up for taking, and contact the other side. If not, you will file an emergency motion with the Court to strike the subpoena, because you CANNOT be there.
That basically sums it up. Good luck finding deposition time this close to trial.
What you are really gonna love is when you do all these contortions and finally you are there at court, and they settle right before the trial.
Reset your meeting, show up, get on with life.
I can't simply reset my meeting. This involved travel plans by several people to be at a single place. It involves a lot of potential money for my company. It involves a presentation that I've been working on for other people who are coming to visit. I can't simply bring someone else up to speed.
Moreover, I contacted my boss and now he's hopping mad -- at me. Keep in mind I'm brand new with this company and this is my first major assignment.
I realize that my hands are tied in this. I'm scared schitless right now that I'm going to be treated negatively by my employer because I'm leaving him high and dry here on something that has the potential to be huge for the company.
Sure, we could reschedule this, but my guess is that it would be unlikely that they'd come back a second time after we cancel unexpectedly.
"Get on with your life" is easy for you to say. You're not the one who will likely have to start having to make serious financial sacrifices for something completely out of your control.
I'm not mad at you, matteo, I'm just really annoyed with this whole thing and how a person's life can be seriously disrupted just to be called as a witness. I'm just hoping that I'm not looking for a job on Monday.0 -
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company. 0 -
go to your meeting, we can take up a collection to pay your fine, anyone else game[?] 0 -
quote:Originally posted by select-fire
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company.
No. As I stated in the first post of this thread, I was contacted back in August by the attorney who was simply asking if I remembered the facts of the case. He did not tell me when the trial was, he simply said I might be called as a witness. I asked him to please let me have as much advance notice as possible since I would be new to a job and wanted to give my future employer as much notice as possible.
Again, the lawyer didn't give a damn about me or my situation.
What am I supposed to say in that circumstance? "Gee, Boss, I guess I should let you know that I was once contacted about the possibility of being a witness in a civil trial. I have no idea when the trial might be, so don't give me anything important for the next year or so?"0 -
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company.
No. As I stated in the first post of this thread, I was contacted back in August by the attorney who was simply asking if I remembered the facts of the case. He did not tell me when the trial was, he simply said I might be called as a witness. I asked him to please let me have as much advance notice as possible since I would be new to a job and wanted to give my future employer as much notice as possible.
Again, the lawyer didn't give a damn about me or my situation.
What am I supposed to say in that circumstance? "Gee, Boss, I guess I should let you know that I was once contacted about the possibility of being a witness in a civil trial. I have no idea when the trial might be, so don't give me anything important for the next year or so?"
Exactly.. he would have sure been in a better predictament to give you appropriate work. How he is feeling like you did this intentionally. Just think he has had all weekend to figure out what the company is going to do. I would in his position , Monday find someone else to do your work or at least he will ask you to help someone else do it. BTW, everyone is replaceable.0 -
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company.
No. As I stated in the first post of this thread, I was contacted back in August by the attorney who was simply asking if I remembered the facts of the case. He did not tell me when the trial was, he simply said I might be called as a witness. I asked him to please let me have as much advance notice as possible since I would be new to a job and wanted to give my future employer as much notice as possible.
Again, the lawyer didn't give a damn about me or my situation.
What am I supposed to say in that circumstance? "Gee, Boss, I guess I should let you know that I was once contacted about the possibility of being a witness in a civil trial. I have no idea when the trial might be, so don't give me anything important for the next year or so?"
Your boss sounds like a real swell guy.
IT'S A SUBPOENA FOR CRYING OUT LOUD! And he's upset with YOU!?
Meet the new boss, same as the old boss...0 -
quote:Originally posted by select-fire
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company.
No. As I stated in the first post of this thread, I was contacted back in August by the attorney who was simply asking if I remembered the facts of the case. He did not tell me when the trial was, he simply said I might be called as a witness. I asked him to please let me have as much advance notice as possible since I would be new to a job and wanted to give my future employer as much notice as possible.
Again, the lawyer didn't give a damn about me or my situation.
What am I supposed to say in that circumstance? "Gee, Boss, I guess I should let you know that I was once contacted about the possibility of being a witness in a civil trial. I have no idea when the trial might be, so don't give me anything important for the next year or so?"
Exactly.. he would have sure been in a better predictament to give you appropriate work. How he is feeling like you did this intentionally. Just think he has had all weekend to figure out what the company is going to do. I would in his position , Monday find someone else to do your work or at least he will ask you to help someone else do it. BTW, everyone is replaceable.
Select, I can't help but wonder if you've even read what I've posted.
My company comprises 11 people. Nine are either in clerical positions or are part of the production team. If you were me, who would you choose to train for this presentation? Our receptionist or someone working the production line? Which one of these people should I trust to explain detailed numbers? Who is going to explain the proposed marketing mix? The best- and worst-case scenarios? Why carrying our product is good for them? Why it matches their consumer base? Who is going to answer questions?
My "appropriate work" is based on my level of education and what I could do for the company, along with my guarantee that I would get the job done. If my job was to be in clerical support or work the production line until the statute of limitations expired, there would have been no need to hire me at all, and certainly no need to pay me what it costs my company to pay me.
Mateo, I don't even begin to blame my boss for being mad. As a company, we're now screwed.0 -
They will probably hold the hearing and then notify you in court the case has been settled...[:o)][:o)]
Just the opposite happened to me. I volunteered for a former [xx(] employee's wife to give a deposition in a Federal case. Attorney said I was involved and would have to testify and I had no choice. Case was settled out of court. BTW, the government contractor I use to work for lost all contracts and was forced to close. Widow got a multi million dollar settlement. Good for her.0 -
Glad that Mateo also weighed in. definitely appreciate the legal insight. From the legal side of things, isn't the $35 for his trouble a bit out of line since he was asked to testify, albiet by subpoena? Or is that standard? Seems to be a big gap between someone who is an expert witness (making $$$$$ per day) to someone who know the facts of the matter and can assist in getting a fair trial. 0 -
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company.
No. As I stated in the first post of this thread, I was contacted back in August by the attorney who was simply asking if I remembered the facts of the case. He did not tell me when the trial was, he simply said I might be called as a witness. I asked him to please let me have as much advance notice as possible since I would be new to a job and wanted to give my future employer as much notice as possible.
Again, the lawyer didn't give a damn about me or my situation.
What am I supposed to say in that circumstance? "Gee, Boss, I guess I should let you know that I was once contacted about the possibility of being a witness in a civil trial. I have no idea when the trial might be, so don't give me anything important for the next year or so?"
Exactly.. he would have sure been in a better predictament to give you appropriate work. How he is feeling like you did this intentionally. Just think he has had all weekend to figure out what the company is going to do. I would in his position , Monday find someone else to do your work or at least he will ask you to help someone else do it. BTW, everyone is replaceable.
Select, I can't help but wonder if you've even read what I've posted.
My company comprises 11 people. Nine are either in clerical positions or are part of the production team. If you were my boss, who would you choose for me to train for this presentation? Our receptionist or someone working the production line?
My "appropriate work" is based on the fact of my education and what I could do for the company. If my job was to be in clerical support or work the production line until the statute of limitations expired, there would have been no need to hire me at all.
Mateo, I don't even begin to blame my boss for being mad. As a company, we're now screwed.
I would be looking outside my company for an outsource. Hire someone temporaraly to do the job. Let you fill them in on what needs done.0 -
quote:Originally posted by select-fire
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
quote:Originally posted by spanielsells
quote:Originally posted by select-fire
Did you inform your new boss about this at time of employment? Your new boss probably feels you created this mess that has nothing to do with his company.
No. As I stated in the first post of this thread, I was contacted back in August by the attorney who was simply asking if I remembered the facts of the case. He did not tell me when the trial was, he simply said I might be called as a witness. I asked him to please let me have as much advance notice as possible since I would be new to a job and wanted to give my future employer as much notice as possible.
Again, the lawyer didn't give a damn about me or my situation.
What am I supposed to say in that circumstance? "Gee, Boss, I guess I should let you know that I was once contacted about the possibility of being a witness in a civil trial. I have no idea when the trial might be, so don't give me anything important for the next year or so?"
Exactly.. he would have sure been in a better predictament to give you appropriate work. How he is feeling like you did this intentionally. Just think he has had all weekend to figure out what the company is going to do. I would in his position , Monday find someone else to do your work or at least he will ask you to help someone else do it. BTW, everyone is replaceable.
Select, I can't help but wonder if you've even read what I've posted.
My company comprises 11 people. Nine are either in clerical positions or are part of the production team. If you were my boss, who would you choose for me to train for this presentation? Our receptionist or someone working the production line?
My "appropriate work" is based on the fact of my education and what I could do for the company. If my job was to be in clerical support or work the production line until the statute of limitations expired, there would have been no need to hire me at all.
Mateo, I don't even begin to blame my boss for being mad. As a company, we're now screwed.
I would be looking outside my company for an outsource. Hire someone temporaraly to do the job. Let you fill them in on what needs done.
That's not even realistic. You have to have someone who knows the research like the back of their hand. That person is me.
One of the reasons that I was hired was the extensive research I did on this small company prior to working there. It was a topic of several term papers over the last two years in my MBA studies.
You can't bring someone up to speed to know this stuff inside and out. They'd stumble and bumble their way through the presentation and come across as foolish.0 -
How about your Boss doing it..?? 0 -
quote:Originally posted by select-fire
How about your Boss doing it..??
He's going to have to do it, along with everything else he is supposed to do for this presentation. It wasn't as if he was sitting on his ass watching the presentation. When you're a small company, Top Dawg doesn't get to just have a bunch of yes-men around. They're busy doing their own stuff as well. The purpose of hiring me was to keep up with the growth and put into place the planned expansion of the company. This was also my moment to be the shining star in front of our investors (who are all coming out to this meeting) and justify why I was hired.
I'm going to call him this morning and suggest that I fly out there this afternoon so I can start briefing him on what he needs to do. I also think I'll be handing the attorney the bill for this last-second flight (which I will NOT be doing on Priceline) and the flight that I now won't be using.0 -
What about just plain ignoring the subpoena and go to your meeting? Ask some of the legal people here what the possible consquences might be. If you meeting is so important, it might be worth it to take a fine or a day in jail for not showing up for court.
I mean, people all the time miss court dates, especially the famous people. How bad can the punishment be? In addition, if you make sure your boss knows you are going to take a bullet for him and his company, he might be very impressed with you.
Just a desperate idea to think about.0 -
quote:Originally posted by tr fox
What about just plain ignoring the subpoena and go to your meeting? Ask some of the legal people here what the possible consquences might be. If you meeting is so important, it might be worth it to take a fine or a day in jail for not showing up for court.
I mean, people all the time miss court dates, especially the famous people. How bad can the punishment be? In addition, if you make sure your boss knows you are going to take a bullet for him and his company, he might be very impressed with you.
Just a desperate idea to think about.
And a good one at that.0 -
I am with TR Fox. I would not show up and pay the fine, lesser of two evils.
I will kick in $10 toward the fine.
Anyone else want to help bail out our amigo?0 -
I wouldn't show also!
You seem worried about your current position,........but at the same time, don't want to stick your old boss.
His problems are his,........yours are yours.
Either go, and take the chance with your new "high power" job, or take the consequences, and pay the penalties.0 -
I would take TR's idea one step further. After the fact, let your former boss know you wanted to help him, but his lawyer made it impossible for you to do so. 0 -
While being fined or possibly jailed for failure to appear isn't a pleasant prospect, neither is the alternative you've described: the company you're delighted to be working for quite possibly harmed by your not making a critical meeting, and your boss (right, wrong, or indifferent) angry at you.
FWIW, I doubt it would have done much good to warn him of the vague possibility that you might be involved in a court case, one day in the unspecified future. He most likely would have nodded, said, "Fine", then forgotten about it -- and the subpoena would still have arrived at the worst possible and most inconvenient time. I doubt his reaction would have been much different, and the fact that you could say, "I told you...." would cut little ice, realistically speaking.
I can't advise you as to what to do. I know what I would do, but my circumstances aren't yours, aren't even vaguely like yours; I have very little to lose that would be affected by defying a subpoena, and my one major past experience with the Dearborn County, IN court system would make it very, very easy for me to blow them off if I truly had a prior commitment of such importance that it would cost me dearly to miss it.
I do feel for you, though, and not least because I've had my life and time both treated as utterly inconsequential -- in a case where I wasn't even qualified to serve on the jury being selected, and had filled out a fairly extensive questionnaire that would have told the court clerks that very thing, if anyone had bothered to look at what I'd written. I'm angry and sympathetic, both, on your behalf, and wish there was something more useful I could say. [V]0
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