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Can Your Employer Fire You for Going to Court?
I recently received a jury summons in the mail. I’m not particularly excited about serving on a jury, but I understand that it’s my civic duty. I’m also worried about what will happen to my job if I have to miss work for jury duty. Can my employer fire me for going to court?
The answer to this question is a little complicated. In general, the law protects employees from being fired for jury duty. However, there are some exceptions to this rule. For example, an employer can fire an employee if:
The employee’s absence from work would cause the business to suffer undue hardship.
This means that the employee’s absence would cause the business to lose a significant amount of money or would make it impossible for the business to operate.
The employee has a history of absences from work.
This means that the employee has missed work for other reasons, such as illness or personal appointments. If an employee has a history of absences, an employer may be more likely to fire them for missing work for jury duty.
The employee is not a good employee.
This means that the employee has poor performance reviews or has been disciplined for other reasons. If an employee is not a good employee, an employer may be more likely to fire them for missing work for jury duty.
If you are worried about losing your job because you have to serve on a jury, you should talk to your employer. You may be able to come to an arrangement that allows you to miss work without being fired.
What Can You Do If You Are Fired for Jury Duty?
If you are fired for jury duty, you may be able to take legal action against your employer. You may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or you may be able to sue your employer in court.
If you are successful in your lawsuit, you may be awarded damages for lost wages, benefits, and emotional distress. You may also be awarded attorney’s fees.
Tips for Avoiding Being Fired for Jury Duty
Here are a few tips to help you avoid being fired for jury duty:
- Talk to your employer as soon as you receive a jury summons. Let them know that you will be unable to work on the dates of your jury service.
- Provide your employer with a copy of your jury summons. This will help them to understand that you are legally required to serve on a jury.
- Be prepared to make arrangements to miss work. This may involve working with your colleagues to cover your shifts or taking a leave of absence.
- Be professional and respectful when talking to your employer about jury duty. This will help to create a positive relationship between you and your employer.
Frequently Asked Questions About Jury Duty
Here are some frequently asked questions about jury duty:
- Can I be fired for missing work for jury duty?
- What should I do if I am fired for jury duty?
- How can I avoid being fired for jury duty?
If you have any questions about jury duty, you should talk to an attorney. An attorney can advise you about your rights and help you to protect your job.
Conclusion
Serving on a jury is a civic duty. However, it is important to understand your rights as an employee. If you are worried about losing your job because you have to serve on a jury, you should talk to your employer and an attorney.
Are you interested in learning more about jury duty? Here are some resources:
- The National Center for State Courts: https://www.ncsc.org/
- The United States Courts: https://www.uscourts.gov/
- The Equal Employment Opportunity Commission: https://www.eeoc.gov/
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