Dallas Employment Trial Lawyer Deontae Wherry
Picture this: you are at work when someone hands you a subpoena. You did not ask for it, and maybe you do not even want to be involved, but now you are legally required to show up in court or provide documents. You want to do the right thing, so you comply with the subpoena. But when you get back to work, your boss is not happy. Maybe he/she cut your hours, your responsibilities change, or, worst of all, he/she terminates your job.
If that sounds unfair, that’s because it is. And, in Texas, it is also illegal.
Under Texas Labor Code § 52.051, your employer cannot fire you, discipline you, or punish you in any way for responding to a subpoena. The law is crystal clear: an employer may not discharge, discipline, or penalize an employee for complying with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding.
That means:
- • You cannot be fired for going to court.
- • You cannot be written up, demoted, or “written off” the schedule because of it.
- • You cannot have your hours, pay, or opportunities cut as punishment.
The reason is simple. Subpoenas are not suggestions—they are legal orders. Courts, administrative agencies, and even legislatures depend on everyday people showing up to tell the truth and provide evidence. Without witnesses, the system does not work. If workers had to choose between keeping their jobs and obeying the law, many would feel pressured to ignore subpoenas, and justice would suffer. Texas lawmakers made sure you do not have to face that choice.
Still, retaliation does happen. Some employers try to disguise it as “business decisions,” like suddenly reducing your hours or finding excuses to discipline you. Others may be more blatant, firing you shortly after you comply with a subpoena. But no matter how it looks on the surface, if the real reason is that you answered a subpoena, it is against the law.
If you have been subpoenaed, there are steps you can take to protect yourself. First, comply. Ignoring a subpoena can get you in trouble with the court, and that’s never worth the risk. Second, give your employer notice as soon as you can. While, in most cases, you do not need their permission to comply, being upfront shows good faith. Third, document everything. If your boss retaliates—through write-ups, schedule changes, demotions, or firing—keep the proof.
The law gives you the right to fight back. If you have been retaliated against, you may be able to seek reinstatement to your job, recover lost wages, and attorneys’ fees. More importantly, standing up for yourself helps hold employers accountable so they do not do the same thing to someone else.
If your employer has fired you, cut your hours, or punished you in any way for complying with a subpoena, you do not have to stay silent or accept unfair treatment. Retaliation for following the law is not only wrong—it is illegal.
Please contact my office immediately to schedule a consultation with me if your employer terminated you for complying with a subpoena. I will fight to protect your rights, defend your livelihood, and make sure you are not punished for simply doing your civic duty.