I've been subpoenaed - smack dab in the middle of our cruise!! HELP!

[sanger727]

I get subpoenaed on a daily basis due to my job.

 

DO NOT CANCEL YOUR CRUISE.

 

again, and even if you had insurance.

 

DO NOT CANCEL YOUR CRUISE.

 

All you need to do is call the prosecutor on Monday, tell them you are a planned vacation and you need them to continue the case. This kind of thing happens all the time.

[sfaaa]

Invite the judge and prosecutor to the same cruise and schedule the hearing during your sea day.

[philip_eunice1]

Just ask for no court appearance for anyone and a public execution of the employee it's a win win

You go on your cruise judge and lawyers get to go home early

 

 

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[triptolemus]

OP: You should contact your hotel's legal department as soon as possible for advice as you are representing the hotel in a legal matter.

 

Correct response.

[triptolemus]

 

And for God's sake, don't hire a lawyer. That is ridiculous. Just make a phone call yourself. It's not a big deal.

 

The OP is representing the hotel in a legal matter. As such, it is prudent to work closely with the hotel's legal department/counsel in all matters related to this case.

 

Hiring a lawyer, writing a letter to the judge, contacting the prosecutor, and taking legal advice from Cruise Critic are all equally foolish without working with the hotel's legal team first.

Edited November 12, 2016 by triptolemus

[Big Chief]

In any event, check with your credit card company. One of the benefits attached to my card is Cancellation insurance (which covers a subpoena).

I believe you will be able to reschedule, but if not, you may be saved by your credit card!

[ducklite]

The OP is representing the hotel in a legal matter. As such, it is prudent to work closely with the hotel's legal department/counsel in all matters related to this case.

 

Hiring a lawyer, writing a letter to the judge, contacting the prosecutor, and taking legal advice from Cruise Critic are all equally foolish without working with the hotel's legal team first.

 

 

 

Depending on the situation, the hotel might not have even brought their lawyer into the picture other than a fleeting notice to them if the theft. We aren't talking about a huge amount of money. My company would probably have notified the attorney who handles HR issues for them, but nothing more than that.

 

 

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Edited November 12, 2016 by ducklite

[steffymi]

Yeah, outside of simply informing my boss of the situation, legal has not been contacted. Hotel thefts are, unfortunately, not uncommon. As the manager, my responsibility is to ask the employee if they took the money. I do also reserve the right to search their locker. Outside of that, I contact the police, but the guest and police take it from there. If the employee is found guilty, I can terminate them.

 

At any rate, I'll call on Monday and let you all know how it goes. If they don't reschedule, I will call my boss and see if he can get our lawyers involved.

 

 

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[Sissaaaaaa]

I manage a hotel, and one of my employees allegedly stole $700 from a guest. I have been subpoenaed to show in court on Nov 23, smack dab in the middle of our cruise.

 

1. No, I did not buy the insurance. (I don't need any lectures, it is clear that a lesson was learned here). Nor do I have flexible vacation time. I need to use this, or lose this.

 

2. I called NCL to see if I can buy the insurance now, and of course they said no... which does not surprise me. They did say I could possibly call NCL guest services to see what can be done, though it isn't very likely that anything will work out in my favor.

 

3. The prosecutor is the one who subpoenaed me, so my guess is they will just want me to verify that the video provided was from my hotel and verify dates and times. Of course, today is Veteran's Day, so the offices are closed. I will call on Monday to see about a change of date or a separate deposition.

 

So, my post is two-part... first just to vent, and secondly to see if any of you have any advice. I know my call on Monday will tell all, but in the meantime, any thoughts from you fine people would be welcome.

 

We sail Nov 19-26.

 

And seriously - who schedules court dates the day before Thanksgiving!

 

Thanks,

Stefanie

 

You do not have to cancel your cruise. You have a planned vacation. First and foremost contact your employer's legal counsel. You are representing the hotel, not yourself. Second, contact the prosecutor. This is not a big deal at all.

[steffymi]

Excellent, my fingers are crossed:)

 

 

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[cruisequeen4ever]

I would think as with jury duty, you could appeal to the court for a change of date due to your non refundable travel plans. Good luck!!

 

 

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[JLee1973]

I work for a prosecutors office. Call them and let them know. Often cases can be continued or they will work around your schedule so you'll testify when off your cruise.

 

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[navybankerteacher]

The OP is representing the hotel in a legal matter. As such, it is prudent to work closely with the hotel's legal department/counsel in all matters related to this case.

 

Hiring a lawyer, writing a letter to the judge, contacting the prosecutor, and taking legal advice from Cruise Critic are all equally foolish without working with the hotel's legal team first.

 

I have to differ: taking "legal advice from Cruise Critic" is not "equally foolish" - it is superlatively foolish - in a league of its own - abundantly and gratuitously STUPD.

[USNUZULOOSE]

i have had this happen a few times to me as a manager. You could ask the atty if they can do a continuance. You just never know. It is a pain. So sad when the workers do things like this. They don't realize it affects everyone. So sorry this happened to you.

[triptolemus]

I have to differ: taking "legal advice from Cruise Critic" is not "equally foolish" - it is superlatively foolish - in a league of its own - abundantly and gratuitously STUPD.

 

You got me there...

[steffymi]

I have to differ: taking "legal advice from Cruise Critic" is not "equally foolish" - it is superlatively foolish - in a league of its own - abundantly and gratuitously STUPD.

 

 

Again, I'm not asking for legal advise, and it was kind for people to chime in and tell me their own stories or to try to reassure me. However, it is not kind to call someone STUPD.

 

 

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[triptolemus]

Again, I'm not asking for legal advise, and it was kind for people to chime in and tell me their own stories or to try to reassure me. However, it is not kind to call someone STUPD.

 

 

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If you're not taking legal advice then the statement quoted doesn't apply to you, does it?

 

Relax... people are having a discussion around your topic. Not every comment is personally directed at you.

[Cruiser Who Knows Nothing]

The hotel's General Counsel is your attorney. Plain and simple.

 

 

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[blackwing]

It's simple you write a letter to the court and cc the prosecutor advising you are out of the country on vacation and include a copy of the cruise ticket to both. Request that the trial be rescheduled. There is not a court that I am aware of that would not excuse you. The prosecutor than would request the trial be rescheduled as you are a key witness.

I am chuckling at all of the armchair lawyers giving her advice. I think the best advice is that she contact the hotel lawyer and get them involved. There's no reason why she should have to contact the prosecutor herself.

 

None of us posting here, besides possibly OP, knows any of the particulars of the logistics and handling of the case. Whether she is the only witness, or whether there are several or many others scheduled to testify. Will they move the trial? Possibly. Will they allow her to give a deposition and then the prosecutor can present her testimony that way? Possibly.

 

I find it odd that the trial has already been scheduled, apparently she is a key witness, and the prosecutor decides to issue a subpoena to her with only 12 days advance notice. I would say this is poor on the prosecutor's part. You would think that the prosecutor would have worked with the hotel's counsel to determine availability of any hotel personnel who would need to appear at trial. It's the day before Thanksgiving. One of the heaviest travel days of the year. It's not unexpected that many people will be travelling that day and would be unavailable for a trial.

 

To OP: good luck! I hope it all works out for you. I would definitely be calling hotel counsel ASAP.

[Cruiser Who Knows Nothing]

I am chuckling at all of the armchair lawyers giving her advice. I think the best advice is that she contact the hotel lawyer and get them involved. There's no reason why she should have to contact the prosecutor herself.

 

 

 

None of us posting here, besides possibly OP, knows any of the particulars of the logistics and handling of the case. Whether she is the only witness, or whether there are several or many others scheduled to testify. Will they move the trial? Possibly. Will they allow her to give a deposition and then the prosecutor can present her testimony that way? Possibly.

 

 

 

I find it odd that the trial has already been scheduled, apparently she is a key witness, and the prosecutor decides to issue a subpoena to her with only 12 days advance notice. I would say this is poor on the prosecutor's part. You would think that the prosecutor would have worked with the hotel's counsel to determine availability of any hotel personnel who would need to appear at trial. It's the day before Thanksgiving. One of the heaviest travel days of the year. It's not unexpected that many people will be travelling that day and would be unavailable for a trial.

 

 

 

To OP: good luck! I hope it all works out for you. I would definitely be calling hotel counsel ASAP.

 

 

This post!

 

I am an assistant to the GC at a huge medical center. Our staff attorneys get really ticked off when a subpoenaed employee/physician contacts opposing counsel.

 

 

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[RDC1]

This post!

 

I am an assistant to the GC at a huge medical center. Our staff attorneys get really ticked off when a subpoenaed employee/physician contacts opposing counsel.

 

 

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In this case the DA is not opposing counsel. It is not a civil case involving the hotel. It is a criminal case between the DA (prosecuting a crime against the hotel) and the defense attorney.

[blackwing]

In this case the DA is not opposing counsel. It is not a civil case involving the hotel. It is a criminal case between the DA (prosecuting a crime against the hotel) and the defense attorney.

That's true. But OP is an employee of the hotel, and because the alleged crime happened against the hotel on hotel property, OP would be acting as a representative of the hotel. That's why IMO the prosecutor should have been contacting the hotel counsel, and not the OP directly.

[punkincc]

In this case the DA is not opposing counsel. It is not a civil case involving the hotel. It is a criminal case between the DA (prosecuting a crime against the hotel) and the defense attorney.

 

I'm not a legal expert, but the DA has not filed charges against the "hotel", but against the hotel's employee, for alleged theft of a hotel guest if I understand correctly.

 

But in any case, I would think the hotel's legal staff would be fully aware of and following the case, even if not actively involved, because of the simple fact that if this person is found guilty, the "victim" in this case may very well feel that the next step might be a civil suit against the hotel.

 

I'm also surprised that any business would allow their employee to testify in a case like this without their own counsel going over her testimony and giving her some guidelines lest she inadvertently say something for the record which might suggest the hotel was negligent in any way.

Edited November 14, 2016 by punkincc

[rigs32]

I'm a prosecutor and some of these answers made me shake my head. Though, I will admit, that many jurisdictions handle things differently, so my reaction was based on my experience.

 

Sometimes judges set trials without much lead time because their schedule freed up.

 

The only employers I ever work through to subpoena an employee as a witness are phone companies (because with one exception, they have to be flown in) and the local hospital (since the doctors' scheduled are extremely hectic).

 

Contacting the court would be a HUGE no no. They have no control over who the prosecution subpoenas. Maybe there's another hotel employee that could testify, maybe not. I have absolutely gotten adjournments when witnesses were unavailable, but only after exploring alternate options.

 

Getting your hotel's legal counsel involved seems to be an over-reaction. That's billable hours charged to the hotel and that attorney likely knows absolutely nothing about the case, OP's testimony, etc. Start by just calling the prosecutor to discuss options.

[steffymi]

I have been officially released from this subpoena:) They said they might need me later on in the case, but it isn't necessary at this time. Yay! We sail in 5 days!

 

FYI, the hotel was not the victim of the theft, it was a guest who was, unfortunately, stolen from. Therefore, the hotel is not key to anything other than verifying that the video did, indeed, come from our hotel, and they needed me to explain the exact job duties of this particular dude.

 

Anyway, thanks to those who offered up suggestions and advice, even if it was armchair advice.. it was good to hear from other people over the weekend while I had to wait for Monday to come around.... I needed to feel like I could do SOMETHING in the meantime, and I appreciated your help, and your support while I vented. To those sailing Escape on the 19th, I hope to see you there:)

 

Stefanie