JURY SERVICE

Congress enacted the Jury Systems Improvement Act (JSIA) to protect employees who serve on a jury in federal court from retaliation by an employer who believes business interests outweigh the obligation for jury service. Nearly every state has passed a similar law protecting employees who serve on a jury in state court.

How does the law protect employees from retaliation by their employer for fulfilling their civic duty?

What compensation can a prevailing employee recover?

Are employers required to pay employees while they serve on a jury?

What kind of actions by an employer constitutes an adverse employment action?

What experience does The Employment Law Group® law firm have with jury service retaliation claims?

What should I do if I think my employer is retaliating or has retaliated against me for my jury service?

How does the law protect employees from retaliation by their employer for fulfilling their civic duty? Back to top.

The Jury Systems Improvement Act includes provisions that protect employees from retaliation and grants employees the right to sue their employer in federal court. The primary elements of unlawful retaliation are:

1. Employer-Employee Relationship. The plaintiff was an employee of the employer: salaried or hourly.
2. Adverse Employment Action. The plaintiff experienced an adverse employment action or was threatened with an adverse employment action.
3. Jury Service. The employee’s jury service or plan to serve on a jury was the reason that the employer took the adverse employment action.

What compensation can a prevailing employee recover? Back to top.

A prevailing employee is entitled to lost wages, reinstatement, compensation for lost employment-related benefits, and reasonable attorney fees. Employment-related benefits often include commissions, insurance, sick leave, and vacation pay among other benefits.

Are employers required to pay employees while they serve on a jury? Back to top.

Employers generally are not required to pay employees while they serve on a jury unless otherwise required. However, following the employee’s return from jury duty, the employer must allow the employee to return to his or her previous position without any loss of seniority or benefits.

What kind of actions by an employer constitutes an adverse employment action? Back to top.

Termination, intimidation, coercion, reductions in pay, seniority, or benefits, or any other change in the conditions of employment is considered an adverse employment action.

What experience does The Employment Law Group® law firm have with jury service retaliation claims? Back to top.

In the case of Shaffer v. ACS Government Services, Inc., the attorneys at The Employment Law Group® defeated a motion for summary judgment, arguing that the TELG client was entitled to his day in court – to present evidence to a jury that his employer retaliated against him – regardless of his termination occurring more than ten months after he received his grand jury summons.

What should I do if I think my employer is retaliating or has retaliated against me for my jury service? Back to top.

Keep a detailed log of your employer’s actions and statements relating to any kind of retaliation, and contact the employment attorneys at The Employment Law Group® law firm at 1-888-603-0983 or inquiry@employmentlawgroup.com to discuss your potential claim.