Can i be fired for serving jury duty

Luckily, if this is the case, you may be entitled to damages. Your employer can, in fact, terminate you for missing work to attend court for your own criminal charges. If your employer has a policy that requires you to provide notice when missing work, you can be fired for failing to give such notice. Therefore if you receive a jury summons or subpoena, you should always notify your employer right away.

If you or a loved one believes that you have been wrongfully terminated, disciplined, or discriminated against because you served on jury duty, you may not know what to do or even how to proceed. To learn more, or to schedule a consultation, contact us today! What Is Wrongful Termination? Understanding Gardening Leave. Age Discrimination. Americans With Disabilities Act.

Discrimination Against Gay Individuals. Discrimination Against Immigrants. Discrimination of Disabled Individuals. Employment Discrimination. Employment Law. Gender Discrimination. Mental Disability. Pregnancy Discrimination. Racial Discrimination. Sexual Harassment. Veterans and Employment. Wrongful Termination. Once you receive a jury summons, inform your boss as soon as possible.

Be specific about the circumstances, including the court date and time in which you are expected to appear.

Hopefully, your boss will be understanding of your civic obligations and plan around your temporary absence. Chances are, neither party wants you to get sucked into a protracted jury trial, and both are aware that navigating jury service is a fact of life. If your job is facing a looming deadline, you are in the midst of finishing a major project only you can handle, or if the business is otherwise especially busy, your boss might ask you to postpone your jury service.

This is a bit of a gray area, legally, but not necessarily unlawful for your boss to ask. However, you must make this decision on your own, and your employer cannot force or intimidate you into doing so.

In California, you are permitted to postpone your jury service two times within the year from your original summons date. In all likelihood, you will eventually be obligated to appear, and there is no guarantee your postponement requests will be granted.

If you work an hourly job at a Christmas-oriented store, for example, and are summoned for service in December, your absence will not only cause disruption for the business during the busiest season of the year, it will deprive you of hours. Therefore, you may independently choose to postpone jury service to make sure you get as many holiday hours as possible.

Remember, though, that your boss cannot intimidate you into making this decision, and the court may not honor your postponement request. The good news is there are serious penalties for employers who violate rules involving jury service, which is considered a criminal offense. If you successfully sue your employer, they can be forced to reinstate you if you were dismissed , provide full back pay for lost wages, and restore any lost benefits.

Your first move should be to retain the services of an experienced employment attorney. You will want to gather all available evidence, including documentation relating to your jury summons, any correspondence with your employer, pay sheets reflecting a change in employment before and after the jury service, and anything else that can support your case. Our employment lawyers at K2 Employment Law Group can help you assess the evidence available and build your case, pursuing both economic and non-economic damages as the situation warrants.

In addition to filing a lawsuit, we can explore filing a complaint with the California Department of Industrial Relations. If you were the victim of harassment or retaliation as a result of honoring your civic duty, do not wait to get in touch. Federal law does not require employers to pay workers for time off to serve on a jury, but some state laws require at least partial pay by employers.

Keep in mind, however, that jury duty laws vary by state. The federal Fair Labor Standards Act FLSA does not require that nonexempt generally hourly employees be paid for time not worked, including while serving jury duty. Rules for exempt salaried employees are different: Employers may not deduct pay because of jury duty absences unless an employee did not work the entire week. Q: My boss has made the reading of a book a requirement as part of our metrics for the quarter.

I am expected to read it on my own time. I am salaried and do not get paid overtime. Does the company owe me comp time for this? Please let me know what the company's obligation is. Taylor: Before answering your question, let me say that you should consider yourself lucky to have a leader who wants to infuse employees with new business ideas and perspectives.

Working from home: How can I get my company to let me telecommute? Bad bosses: What can I do if my supervisor is a bully? Under FLSA, exempt employees are usually paid a fixed weekly salary, and there is no limit to the number of hours they may be required to work.