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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.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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