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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Hello, I am a physician, has been working for navy x6 years,

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Hello, I am a physician, has been working for navy x6 years, this October will be 7th year. We recently had changes of management. My new first line supervisor is "crazy". I have to go court on Thursday for an eviction of my tenant which I am be countersued by tenant for wrongful eviction. She said I can't go,because I need to see pts. I have only 4 pts scheduled that day, and one of the other physician is coming back from vacation on that day. There is no access issues. what are my options
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

Provided an employee gives reasonable notice, Labor Code section 230(b) protects the, from adverse employment action "for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding."

If you have been sued, you are arguably under the subpoena power of the court and thus would fall within the purview of this section. Moreover, since you undoubtably will be providing testimony as a witness in this proceeding, you would also typically be covered under the "witness" component of the statute.

As a remedy, Labor Code section 230(c)(e) states:

"Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a), (b), or (c) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor."

A letter to your employer citing section 230, along with supporting documentation of your court date, should be more than sufficient to get them to back off and accommodate your day in court.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
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