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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 20299
Experience:  Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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Does my employer have the right to call police to my workplace

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Does my employer have the right to call police to my workplace over a citation concerning running a red light camera violation?
Hello,

Thank you for the information and your question, however, I am a little unclear what connection the employer has to a citation. Are you saying that the employer knew law enforcement was looking for you in order to serve a summons and then called the police to let them know you were at work? If not, please clarify the facts and your question for me, so that I can assist you.
Customer: replied 4 years ago.


yes, because there is a bit of wiggle room with red light camera citation...to my understanding, if you are not served a summons personally to appear in court within 90 days of the citation (at your residence) the citation is dismissed or thrown out.

Customer: replied 4 years ago.


the citation was originally delivered to my company, I was driving a Public Transit vehicle at the time of the violation.


 

Hello again and thank you for your reply. I assume that you are saying that your employer called the police to let them know where they could serve you. If that is the case, then although I would agree that there is something unseemly about what he did, it was not unlawful. Law enforcement serve summons quite frequently to people in their workplace, mostly because that is the easiest place to find them. Your employer is a citizen and has the right to assist law enforcement in enforcing the law. Again, not the best management decision to engender loyalty on your part, but legal.

That said, you still can likely get the ticket thrown out as red light tickets are notoriously difficult for the State to prove. What I mean by that is that they carry the burden of proof to prove that it was you driving the vehicle, along with proof of all the time, date, etc. being correct. These are huge hassles for prosecutors and that is why many jurisdictions are getting rid of the red light ticket programs. I would recommend that you consider paying a local attorney who has a traffic ticket practice, to help you with your case and get this ticket dismissed.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD and other Traffic Law Specialists are ready to help you
Customer: replied 4 years ago.


Well, I find it hard to believe, since a union representative suggest my not answer my door at my residence, in order to avoid being served a summons, then work with management to call the police to serve me at work. I am not a union employee, I left the union a few years ago, due to a discrepant situation(s) that I resented by officers of the union.

Hello again James--I am not exactly sure what you are finding hard to believe. If you can explain what that is, I can address it. But, as I mentioned, this is nothing that is illegal, and to tell you the truth the suggestion by the union representative, if you did that, would force the police to come to your work, one way or the other.
Customer: replied 4 years ago.

This question is about how I was treated at work, it was suggested by EEOC to contact NLRB about this. There was a statement by a friend that said they are bound to serve this type of citation to your home...however it was an embarrassing and disturbing situation for me.


 

Thank you for that clarification. The police are most definitely not bound to serve a summons at your home. Whoever is telling you this is not an attorney. The police can serve you anywhere they find you. There is no question about that. I agree that it can be embarrassing to be served at work, but it violates no law, either by the police or the employer. My initial answer explained those rights and duties.

You would have no complaint that would be within the jurisdiction of the EEOC, since this is not an illegal act, as I explained. In addition, you say that you are not in the union, so even if there is something under the bargaining agreement that would prohibit this, which there would not be, you would not be covered by the NLRB.

I understand that you are frustrated by this, but ultimately it is your ticket and alleged legal violation and not your employer's or the police. You can deal with this in the way that I suggested, as that is the only option for you if you want to fight this ticket.
Customer: replied 4 years ago.

Thank you for sharing this with me, and I just wanted to get this cleared, I am confused with the advice I was given...you helped to clarify this issue.

You're very welcome and best of luck to you!