The privilege to be tried by a jury of our peers has long been lauded as one of the fundamental pillars of a free society. As a result, states often have regulations protecting workers from employer retaliation for missing work to serve as jurors. Typically, employers are prohibited from terminating an employee or subjecting them to workplace discipline for serving jury duty.
Nevertheless, only a few states go so far as to require employers to pay workers for the time they spend on jury duty. Some of the states with jury wage provisions include:
- Alabama: Full-time employees must be paid their usual compensation less the fee or payment received for serving as a juror.
- Colorado: All workers (including temporary or part-time workers) are entitled to regular wages up to $50 per day for the first three days of jury duty.
- Connecticut: Full-time workers must be paid their regular wages for the first five days of jury duty. After the first five days of jury duty, the state will pay employees $50 per day.
- District of Columbia: Full-time employees must be paid regular wages for the first five days of jury duty.
- Georgia: All workers (including temporary or part-time workers) must be paid wages while on jury duty minus any funds the employee receives for jury service.
- Louisiana: Regular workers are entitled to 1 day of compensation for jury service and may not lose any sick, vacation, or personal leave days.
- Massachusetts: All workers (including temporary or part-time workers) must be paid regular wages for the first three days of jury duty. The state will pay if paid leave is an “extreme financial hardship” for the employer. After the first three days, the state will pay jurors $50 per day.
- Nebraska: All workers must be paid normal wages on jury service minus any compensation (other than costs) from the court.
- New York: An employer of ten or fewer workers may withhold the total wages of an employee absent from work on account of jury service. An employer of ten or more employees must pay an employee serving on jury duty the first $40.00 of that worker’s daily wage for the first three days of jury service.
- Tennessee: All regular workers are entitled to regular wages minus any compensation received for jury service.
Even if your state does not direct your employer to pay you for time spent serving jury duty, many jurisdictions provide some compensation for jurors ranging from $10-$50 per day.
What If the Employer Fails to Pay Wages as Required by State Law?
Punishment for breaking laws requiring worker compensation while serving on a jury varies from state to state. Some of the potential consequences include:
- Criminal Contempt;
- Criminal Fines; or
- Civil Liability (workers can sue the employer for withheld wages).
What Is Contempt of Court?
Contempt of court is any willful disobedience, or disregard, of a court order. Contempt of court includes wrongdoing in the presence of a court, including any action that interferes with a judge’s ability to administer justice. Contempt also consists of any behavior that insults the court. Contempt is punishable by fine or imprisonment or both.
What Are The Most Common Ways to Show Contempt of Court?
Examples of violating a court order include:
What Are the Consequences of Contempt of Court?
- Imprisonment (usually brief)
- Fines or sanctions
What If the Employer Really Cannot Afford to Pay an Employee Who Is Serving Jury Duty?
Of the states that require employers to pay workers while they serve on jury duty, most will excuse the employer from this duty upon a finding that it would cause significant financial difficulty.
Can an Employer Fire an Employee for Serving on Jury Duty?
No. It violates public policy to fire an employee or threaten to fire an employee for serving on jury duty, even if the worker is an at-will employee. Discharging an employee for serving on jury duty is a form of wrongful termination.
Can an At-Will Employee Be Wrongfully Terminated?
Most types of employment are considered “at-will” employment. This means that an employee is being hired for an unspecified amount of time and that during this time, their employer has the privilege to terminate them at any point without cause.
Under an at-will employment arrangement, the phrase “without cause” implies that the worker can be fired for any reason or no reason at all, so long as the reason is not illegal or criminal.
Although the regulations of each state may differ in their requirements, the following reasons are typically not allowed as a proper basis for removing an employee:
- Discrimination (e.g., termination based on religion, race, gender, age, disability, etc.);
- Breach of the employment contract; and
- Public policy exceptions (e.g., retaliatory termination or whistleblowing).
What Are Some Examples of Wrongful Termination?
As discussed above, an employer may not terminate an employee for any illegal or unauthorized reason.
Some models of how an employee can be wrongfully terminated may include some of the following reasons:
- Retaliatory Discharge: An employer may not terminate an employee for filing a legal complaint against their business. Employees are protected under the law for reporting certain activities, such as harassment in the workplace, employee wage violations, and other public policy exceptions.
For example, if an employee requests time off to attend a mandatory jury duty session, their employer is not allowed to fire them for complying with such a request.
Another example of when an employer may not terminate an employee is if the employee files a sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC). For instance, suppose a supervisor is participating in “quid pro quo” sexual harassment (e.g., promising lower-ranked worker benefits in return for sexual favors) against an employee. In that circumstance, the worker has a right to file a complaint with the EEOC to prevent their behavior.
In such a scenario, if the supervisor fires the worker for reporting them, their termination will be considered unlawful, and they can face serious legal consequences.
Do I Need to Receive Notice Before I am Fired from My Job?
Generally speaking, an employer does not need to give an employee notice before firing them from their job. Nevertheless, there are two exceptions.
The first exception is if there is a proper employment agreement whose terms state that the employer must provide notice before termination. The second exception is if it goes against the company’s employee handbook policies.
In most cases, though, an employer is not required to give advance notice to an employee that is being terminated.
Should You Hire a Lawyer Experienced in Employment Law?
If you think that you are entitled to compensation from your employer for time served on jury duty, or if you think you have been wrongfully terminated for serving on jury duty, you should consult a skilled employment attorney immediately.
An attorney can assist you in navigating the complexities of the court system, gather physical evidence, interview witnesses, and advocate for your interests in court. Use LegalMatch to resolve your employment issue surrounding jury duty pay today.
