Employment Law/Subpoena for Unemployment Hearing
I sent a request to a referee of an unemployment appeal for a subpoena for documents from my former employer but inadvertently failed to include a statement (requested by Missouri DES)that I had contacted them personally and they had refused the request. I called and left a message with the referee as to the oversight and explained I had made the personal contact, thus the call. He has not responded but I was wondering your opinion on the significance that i forgot it in the original submittal.
Also, how will a subpoena read that is sent to an individual asked to provide testimony? What is the legal repercussion if one does not show up?
Clyde - I do not know enough about Missouri state law to answer your first question. As to your second question, if a representative does not appear after being subpoenaed, the referee can choose to accept your version of the facts. Keep in mind, though, that the employer files a written response to your request for UC benefits, so at least part of their story will be present in the referee's file.
If you are subpoenaing someone other than a company representative, for example, a coworker, don't be surprised if that person does not appear. People are not often willing to risk their employment for someone else.