Wrongful Termination for Jury Duty

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What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for an improper basis.  An improper basis includes discrimination based on race, sex, religion, and other categories, as well as retaliation, and a failure to follow proper termination policies.

What Are My Employment Rights When I Serve on a Jury?

If you are summoned to serve on a jury, your employer must allow you to serve as long as you give them notice that you will be serving.  Your employer is generally not required to pay your regular wages for days you miss due to jury duty. You may be paid a small amount from the court for serving on a jury.

If your occupation or compensation make it financially difficult for you to serve on the jury, the court may let you go on the basis of hardship.

Can an Employee Be Fired for Serving Jury Duty?

No.  Every individual has a legal duty to serve on a jury.  In fact, an individual who fails to appear for jury duty will be found in contempt of court and is subject to fines and jail time. 

For public policy reasons, employers may not fire at-will employees who have been called to serve on jury duty.  Otherwise, the whole judicial system would be compromised.  If you are fired for serving on a jury, you may be a victim of wrongful termination.

Should I Hire a Lawyer If I Was Fired for Serving on a Jury?

An employer cannot fire you for serving on a jury.  If believe you have been fired for serving on a jury, then you may have been wrongfully terminated.  An experienced employment law attorney can help you sue your employer and collect any due compensation for losing your job.

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Last Modified: 03-18-2014 01:04 PM PDT

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