Toledo Talk

Rescheduling court dates

hey guys! my brother has a court appearance that conflicts with his work schedule and he's worried he may get fired if he can't move the date. Do you know how easy it is to move that kind of stuff around?

He's telling me they won't reschedule, even with a note from his job telling him he can't skip out on work. Is he right? Who should I can to find out more info to help him out?

And can he actually get fired for having court dates?

created by nits on Feb 27, 2013 at 09:53:29 am     Other     Comments: 18

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His employer will not allow personal time off (similar to a doctor appt) or use vacation time if accrued ? One would hope an employer would be a little flexible.

posted by Hoops on Feb 27, 2013 at 09:55:01 am     #  

First off, I want to make clear that I'm not an attorney and what follows is not legal advice :-) If your brother has a court appearance coming up, I would hope he also has an attorney who can clarify this and, possibly, get this appearance rescheduled for him.

Unless this is jury duty or you have been subpoenaed to testify in a criminal case, then it falls under the same umbrella as taking time off for any other personal matter: fixing the plumbing, taking the dog to the vet, etc. and there's no 'job protection' in place.

If it were me, I'd see it as a simple choice: Court over job. Sucks, but the fallout from not appearing in court could be much worse than getting fired.

Two things: You say he is worried he may get fired if he can't move the date. He needs to find out. He should talk to his employer and make it known that he has to go to court, has no options and he wants to know what the repercussions will be.

Secondly, you ask if he can get fired for having court dates. Ohio is an at-will employment state. He can be fired for any reason at all, provided it's not illegal. There are exceptions to this, of course (jury duty, for example) but employees/employers are free to sever ties for any or no reason at all in Ohio.

posted by gamegrrl on Feb 27, 2013 at 10:10:45 am     #  

Tell him to call in sick and go to court. When he's in front of the judge have him explain to the judge what happened and ask for advice.

posted by madjack on Feb 27, 2013 at 10:50:24 am     #  

What court? Why does he need to be there?

posted by JohnnyMac on Feb 27, 2013 at 10:53:28 am     #  

I don't know which court it is, but you should be able to call the prosecutors office or the equivalent office in one of the other courts and reschedule it for another day or even in the evening. I am assuming you are dealing with TMC, then it really should not be a problem.

posted by ilovetoledo on Feb 27, 2013 at 11:33:08 am     #  

What an unreasonable situation (unless your brother has a court/personal situation cropping up every three weeks or something).

Sounds like your brother's superior is a genuine world class asshole. Or bitch (lest I be accused of sexual discrimination).

posted by oldhometown on Feb 27, 2013 at 04:10:07 pm     #  

thanks for the info. he sorted it all out. looks like he should have been making more phonecalls! court date rescheduled

posted by nits on Feb 27, 2013 at 04:36:08 pm     #  

congrats!

posted by shamrock44 on Feb 27, 2013 at 04:38:49 pm     #  

^^Ditto

posted by oldhometown on Feb 27, 2013 at 05:22:13 pm     #  

But.....the elephant in the room.....If he is going to court because he murdered somebody or dealing drugs.....all bets are off.

posted by Molsonator on Feb 27, 2013 at 05:30:40 pm     #  

One other caveat: rescheduling is usually best left to the attorneys, as they know the system and know who to call to get things moved around. They sometimes can also call in favors, and they know how to get past any gatekeepers who are trained to say "no" at the first level of contact with defendants.

posted by historymike on Feb 27, 2013 at 08:11:50 pm     #  

If it is a criminal offense, no matter how small, I would highly recommend getting a lawyer. They can do a lot and save you more headache and "time" so to speak...

posted by ilovetoledo on Feb 27, 2013 at 08:43:39 pm     #  

Molsonator posted at 04:30:40 PM on Feb 27, 2013:

But.....the elephant in the room.....If he is going to court because he murdered somebody or dealing drugs.....all bets are off.

Yeah. During casual conversation a few weeks back my buddy's wife opens her yap and starts to carp and whine about the justice system. She says that the system is screwed up and the judge is being unreasonable. I stifle a yawn and agree. No surprise there, but what's your particular hard spot? It seems a teenage relative has been arrested and the judge is making a real example of him - 25 years worth of example. This is unreasonable, she says. Seeing the large question mark over my head, she explains that he got arrested for carjacking.

Carjacking?

Truth, but it wasn't his idea, he got the gun from his cousin and the gun wasn't even loaded anyway. Well, it only had four out of six bullets in the gun, but that shouldn't count. And he was only going along with the other kids, and he's really sorry.

The young man in question is still incarcerated.

posted by madjack on Feb 28, 2013 at 06:33:17 pm     #  

For AC and SensorG

posted by Linecrosser on Feb 28, 2013 at 07:03:52 pm     #   2 people liked this

Linecrosser? What does this have to do with this thread?

posted by valbee on Feb 28, 2013 at 08:02:59 pm     #   2 people liked this

Oops wrong thread

posted by Linecrosser on Mar 01, 2013 at 01:00:27 am     #  

Trolling the wrong thread? “That’s a paddlin.”

What an ass…

posted by SensorG on Mar 01, 2013 at 10:17:35 am     #   2 people liked this

Says the pot

posted by Linecrosser on Mar 01, 2013 at 12:13:45 pm     #