Am I being Unreasonable?

[StaciMM]

Ok-here is the story. I changed jobs Aug. 1. I was a manager for a call center, where the reps were independent contractors. They worked the hours they wanted to, we provided leads basically and managed the dialer, and they were paid on commission. A former rep is arguing that she was an employee (not a contractor) and there is going to be a hearing on the matter.

I got call from my former boss (who I still keep in touch with) today about the hearing and that she needs me there as I was the one who worked with this rep. She didn't know much about when & where, & gave me a # to call someone else. Well, it turns out it may be an all day thing-the hearing is scheduled for the morning but they have no control over when this case gets called. I can't miss a day of work! (I already have to miss a partial day on the 12th for my 341, I'm hoping to be offered a permanent spot, and taking time off each week won't help in that crusade.) When I expressed that, the lady I was talking to said they could perhaps call me when it was getting close to being my turn, and then I'd only be there for 2-3 hours. But, its still an hour drive each way, and expecting me to up & leave work.

I said I couldn't do it. It would be different if I still worked there-I was on salary so I wouldn't miss $$ over it, and my boss would have to make sure my absense was covered. I guess the part that bugged me the most is that the lady I was talking to (not my former boss) seemed to think it odd that I couldn't give up a day. Even if my former boss offered to pay me lost wages (would probably be a no-no, it would be like paying me to testify or something) there is no way to cover what it might hurt me at my new job.

Ok-got it off my chest. I feel better!

[HHM]

If they need you that bad, why don't they just subpenoa you as a witness? Have you received a subpenoa or are they merely asking you to attend.

I don't think you are being unreasonable. I would tell them that if you want me there to go ahead and subpenoa you. That will cover you for your current job, and most districts provide for witnesses to receive some payment for having to come and testify.

Or is this an administrative hearing that perhaps does not have subpenoa power...I am betting that this former "independant contractor" is complaining because she was trying to get unemployment benefits but was denied. In this instance, I suppose whether you should go depends on how much you like your old boss and do you think you would be burning a valuable bridge by not attending.

[StaciMM]

Good points, and you're right. It was someone who was there for a week (literally) and it didn't work out. She couldn't use a computer. I don't know if it is something that could involve a subpoena, I got the impression if I said no they couldn't do anything about it. (I didn't think someone would be eligible for UE benefits after only a week anyhow, but oh well...)

(And by the way, last month I did have to miss part of a day to testify at something completely separate for another former employer regarding an incident w/ the FBI searching a resident's apartment 3 years ago. They had a search warrant & questioned him in his apartment for 3-4 hours, never read him his rights. His dad is an attorney. The hearing was to get his statements thrown out, and I was a witness to the time frame as I was the one who released the key and got it back from the agents, and I called his dad/emergency contact immediately but he couldn't reach the resident because the agents wouldn't let him answer the phone.)

I let my former boss know I'll do what I can to get off work if they REALLY need me. And, I do want to keep things positive-bother personally & professionally. (I have the opportunity to make a few dollars here & there doing some odd tasks for them.) I also let her know, without spelling it out completely, that I really can't afford to miss a day of pay. (Don't have PTO hours or anything, no benefits at all until I go permanent.)

[pink_amulet]

I wouldn't do it like you said it would be different if you still worked there, but you don't. You can't afford to take off work from you current employer, let them supenoa you, you don't owe them or this flake anything!! she couldn't use a computer?? oh geesh!!!
pink_amulet

[sunshine08]

I deal with the court system daily and there are things like stand by, telephone standby, depositions etc. I am sure if there is an attorney involved you can still help but in a manner easier to work with your situation.
Offer to help if you can but also explain that you can't be expected to jeapordize your current job either.
I was a material witness in a lawsuit and the insurance company did a telephone deposition @ my convenance at that.