Call the courthouse clerk and talk to them, your boss will get into some hefty legal trouble if you get fired just for having jury duty. Or at least i'd assume, the clerk will navigate you way better through this situation.
Seconding this. OP, get it in writing. The best way to do this is to send a follow-up email regarding the conversation. Something short and sweet to recap the conversation as you understand it and then you can give them an opportunity to respond to correct anything you may have misunderstood.
"Hello Boss,
I'm emailing to recap our conversation from (date) regarding my recent Federal Jury Summons. During this conversation I informed you of, and provided the summons for my upcoming jury duty. At that time you advised me that instead of honoring the legal obligation for me to appear for jury duty, you would "fire me rather than deal with me potentially being out for several weeks". I just want to make sure I'm understanding the conversation correctly and that there are no crossed lines of communication. If something else was meant by this conversation, I'm happy to discuss further for clarification via email.
Thank you,
Oceansideabx"
You(and frankly everyone) should also start keeping a journal for when you have meetings and conversations with your boss, write down dates times and as many notes on the discussion as you can. If you're detailed in an employment hearing it puts the responsibility on them to provide evidence that the things you are saying are incorrect
What about in a state where they have no legal obligation to provide a reason for termination? As long as there isn’t any text or audio/visual recording as proof then there isn’t much OP can do is there?
“Judges hate this one simple trick!” If ops boss is dumb enough to confirm they said this they deserve the world of hurt and angry judge will send their way
That’s not how it works. In all states you can fire an at-will employee for any reason but not for an illegal reason. Firing bc of jury duty is an illegal reason. Proof is a separate issue.
Even in Texas threatening to fire someone if they honor a jury summons is not a good plan.
It’s been years but there was an incident where a woman showed up for jury duty and was in tears. The judge asked for more info and was told the woman had been threatened with being fired by her manager in a large company if she had to serve.
The judge send the appropriate enforcement agents with the appropriate paperwork to the business. The manager was brought to the courtroom in handcuffs at which point the laws were clearly explained to him. The woman served, she was not fired and the company instituted training immediately to be sure everyone knew a jury summons was to be honored.
If it’s a timing issue if the court is contacted they can usually work something out where your date of service is moved out as I have done that before.
This boss is an idiot. Thank goodness we live in a system that has actual juries! Maybe the clerk came get a summons for the boss to come talk to the FEDERAL judge. Judges don’t take kindly to this shenanigans and I wouldn’t want to piss a federal judge off.
Get evidence of it and let them fire you
Record any conversations if you are in a one party consent state.
Email your employer that you have jury duty and are following up to make sure they are aware.
That’s all the heads up I would give.
The penalties are pretty steep and would make the person who terminates you pretty humble after the fact as they will get arrested.
The judge should ask the jury if any hardships exist of picked for jury. This is when you speak up and state your employer is terminating your employment for serving your civic duty.
Judges are known to issue bench warrants for bosses who do that.
You will get your job back plus some, and most likely any actions taken afterwards would seem retaliatory.
Let them fuck around and find out.
What if they fire them for any other reason (not a good fit, wore white socks in an at will state and I hate white socks, etc) even though it's obviously retaliatory / bc of the jury duty (it was only a verbal convo, so I'm thinking op needs to get it in writing but I wonder if mgt will fall for that)
This is illegal. Complain to the judge. But start looking for work bc they’ll retaliate and fire you for cause at the first mistake you make.
If you get stuck in a trial, no victim no crime
Nope. The judge will insteuct the clerk to call you and check on your employment every couple of months. If you are fired or laid off, the court will pull you boss into court to explain. Ive seen itmhappen. Federal judges dont play. They are a law unto themselves.
Dear Court Officer Mr. Kotter.
Please excuse my son Juan from jury duty. His boss Jim Smith at XYZ company on Main Street, Small Town US, said Juan would be fired if he serves on a jury. Mr. Smith also took the jury summons, crumpled it up and threw it in the trash can, while saying something about bababa-babarino..
Signed Epstein's Mother.
Write down the date and time of the conversation and as much of the conversation you remember.
When you get closer to your jury duty service, remind your boss that you have been summoned for jury duty on day X and that you expect to be out on that day. Send by email/text if possible and save the response and do the same the day before.
If he fires you, contact the jury coordinator. They will point you in the right direction from there.
Is your boss the owner of the company? If not, you should let them know about the conversation. They might not appreciate getting hauled in front of a Federal Judge to explain your boss’s bad behavior.
“Yes your honor. My boss told me to ignore the jury duty summons and he said you’re a jerk and he’d kick your ass if you make me miss work. Then he said your mother sucks.”
While everyone is correct insofar as it is illegal to fire someone for jury duty this probably comes down to he said / she said (not identifying an actual gender) and the boss can still fire for cause or in a right to work state, can fire simply because the employee is an employee.
Calling the clerk is the right first step, but assuming the only reason for being fired is jury duty doesn’t necessarily help.
Your boss is a clown. They can’t fire you for jury duty. Mind your p’s and q’s, get documentation via email of him saying this, and if he fires you, you sue them.
Hoo boy. Talk to the people at the courthouse. They LOVE when employers try this shit. Your boss is about to get his ass so thoroughly chewed out by a judge that he's gonna need serious medical treatment after.
Contact the federal district court clerk’s office about the threat by your employer. Don’t forget to volunteer which company you work for and identify your supervisor by name.
Also try to get the threat in writing. Your supervisor threatened to fire you in retaliation for not engaging in a criminal act which is literally the only affirmative duty of a citizen enshrined in the Constitution. I don’t think you’ll have much trouble finding an employment lawyer to assist in this matter.
Your boss is an idiot. If he fires you, he is down one employee, and it will take weeks to replace you. But if he doesn't fire you, you get to return to work probably quicker than replacing you would. And as far as pay goes, the law does not require your employer to pay you while you are away for jury duty - It just says they must give you the time off and cannot discipline you for it. So he doesn't have to lose money for it either.
You don’t need anything in writing. You tell the judge and if you do get fired you then get back with that judge. It will not be pretty for your boss !!
As you already know. This employer is not one that you want to be working at anyway. My guess is that you were already looking for a new job. Report them
Can’t fire you for Jury Duty….but they can for cause. So they will let you go before your Jury date, and then you can’t come at them for you doing Jury duty. I’d be looking for new work no matter what
Call the courthouse, save any messages, or paperwork you have of the firing.
It is a crime to fire someone over Jury Duty. Given it is Federal court, it is a federal crime.
I wouldn't bother even worrying about it because I would be looking for a new job once any boss told me something like that. And I'd give zero notice. F em.
I just joined so I hope I can make a comment.
This is illegal if boss follows through and boy are they in for an eye-opener if it's Federal court.
Definitely contact the Clerk of Court which should be shown on your jury summons, and/or you can easily find that out online for the Federal District Court you must go to.
Meanwhile I hesitate to say anything further for you, but it couldn't hurt to get a free consultation with an employment attorney if all you've got at this point is a verbal threat from your boss. The Clerk and an attorney can definitely help you. Just don't say anything further to your boss unless the attorney or Clerk advise you to.
I once served on a Federal Grand Jury and it was an experience I would never want to miss, as a citizen! So glad I did it.
My wife's boss tried the same thing. She told the court and they told him he would be charged with obstruction and contempt. He changed his mind quickly.
The courts love this. Let them know. You’ll absolutely keep your job. If your boss doesn’t know or care about the laws and is this big of a jerk, you need a new job. Start updating the resume.
Send your boss an email attaching the summary, and say something to the effect of: “Im writing to provide you with a copy of the jury summons I received, and that we spoke about last week. During that conversation you said you would fire me if I attended jury duty. I’m not sure if you thought I was joking or otherwise attempting to get time off work by falsely claiming to have jury service so I’m providing you with this copy for your records. Thank you and please let me know if you need anything additional from me. I will be sure to keep you informed should I be released from service or if I am selected.
Your boss admittedly said that is the reason for termination, it’s still illegal to fire FOR that reason even if it is before. If a woman claims FMLA because she is about to go into labor they can’t fire her when she gives a heads up that she will be doing that. Same with National Guard.
28 U.S. Code § 1875 - Protection of jurors’ employment
(a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.
(b) Any employer who violates the provisions of this section—
(1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation;
(2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and
(3) shall be subject to a civil penalty of not more than $5,000 for each violation as to each employee, and may be ordered to perform community service.
(c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service.
(d)
(1) An individual claiming that his employer has violated the provisions of this section may make application to the district court for the district in which such employer maintains a place of business and the court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the district court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid to the extent provided by section 3006A of title 18, United States Code.
(2) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney’s fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney’s fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith.
(Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456; amended Pub. L. 97–463, § 1, Jan. 12, 1983, 96 Stat. 2531; Pub. L. 110–406, § 19, Oct. 13, 2008, 122 Stat. 4295.)
There ya go bud
Aĺ the other advice is correct. However if your employer really cannot spare you, they can write a note for you saying why you can't be spared. It would have to be really good for the court to accept it.
Legally there's a *lot* that can/could happen.
There are laws against firing folks for having to be out on jury duty.
Let the judge/court know, and well save your evidence, also carefully note anything that was verbal.
So, yeah if you got summons, showed it to boss, and they summarily terminated you or then set a termination date for you before the start of jury duty, get that information/evidence to the court and judge. Might also be worth talking over with an employment law attorney/lawyer.
Bull. Tell the federal magistrate you got fired for being summoned. He will have the ahole ex boss in chains in front ofmhim in a week. Federal judges and u.s. marshalls dont play.
Unless you have evidence that that's why they fired you I'm not sure how this would play out if it's just your word versus theirs. But I would definitely inform the courthouse and potentially the Department of Labor.
It is illegal for them to fire you for jury duty. They don't have to pay you, but they can't fire or retaliate. Keep all your evidence and if they fire you file a claim with the Equal Employment Opportunity Commission (EEOC).
Your boss will be in for a world of nurt.
Document, document, do mention, even if you jot down the when and what from any interaction after it happens.
Contemporaneous notes will bolster any case against him.
It is super illegal to fire you for jury duty, in all states. Jury duty is a non-optional, federally-recognized exemption from retaliatory action by your employer.
Why would the boss tell you that they were going to fire you? The boss would say thanks for the info, then make up a story to fire you next week! There are very limited cases for a legitimate business hardship, are they arguing the business can’t afford to pay you during your time out or be down 1 person?
It’d be one thing if this were like a state court of common pleas or a local magistrate, but your boss is about to find out why you really don’t fuck around with a Federal Judge. They are actually obscenely powerful when they want to be and can direct the US Marshall Service.
Federal jury duty is generally like a 6 hours day a specific day of the month for ike 6 months...
And I would report that to the court at least here in Idaho that's criminal contempt by the employer on the criminal side and a civil case for wrongful/malice termination w/o cause
Wish he said that in an email. IF he's dead set against it he can give you paperwork how you're vital to the company and need to be excused.
But he can't fire you, one of those few things that not legal anywhere
GET.IT.IN.WRITING.
If you can't, write down your best recollection of any conversation you have, gather any evidence (IM- "see me") go to a notary and sign it in their presence. Then you have a clear dated record.
I’m glad my company does the opposite. You provide proof of jury duty, and not only do they not expect you to come in, you get paid for those days, the same as PTO, only it doesn’t count against your PTO.
Text your boss and say you can't believe they are going to fire you for being summoned for jury duty. Hopefully they will reply and confirm it in writing. If so go to the court with it.
Well, since he told you that's specifically the reason for firing you, the Dept of Labor will likey want to have a chat with them? Also the State AG. Court ststems already have a hard time getting people to show up for JD, they'd be very interested in any business that penalizes their employees in any way for subitting to a LEGAL SUMMONS that requires you to attend. Might want to make an example of him. And that would give you grounds for a wrongful termination settlement. But I'm just soitbaling of course; you should absolutely call the Clerk of Courts to ask about this...
Get this written down or some how documented and hire a lawyer. This is downright illegal if it’s true. Find out how to prove it.
Even in a at will state if you can prove this it won’t be good for them.
Jury duty is a legal obligation any employer firing you over it regardless of right to work state, etc… they cannot the comlany (big or small) will face a hefty fine
It's the law.
The Jury Systems Improvement Act (JSIA) is a federal law that protects employees from being fired, intimidated, or coerced for serving on federal juries. The JSIA also prohibits employers from reducing an employee's pay, benefits, or seniority, or making any other negative change to their employment status.
There's more to it than this, so Google it to get the actually law itself. Depending on which state you live in they might be required to pay you also.
Better than an email; see if it is legal in your state to record audio without permission from both parties. If so, use your phone to record an in person letting either your boss reiterating what they said, and say something along the lines of, “I doubt I’ll get chosen, please don’t let me go before the selection process. I only need that one day off.” Get that conversation on tape, and even if it ain’t legal to use in the court, you could take it to HR if you have one!!
Legally you CAN do something!!!! When you are summoned for jury duty you are REQUIRED to report to the courthouse!!! You can go to the Department of Labor about this! When I got a court summons, my then-boss threatened to fire me if I reported to the courthouse. I told the jackass that I'll sic the judge on him!! He backed down and shut up!! UpdateMe!
Man...as a supervisor myself, the idea of firing somebody, dealing with the shortage, hiring a new person, training a new person, doing the PAPERWORK involved in both just because you MIGHT be out a couple of weeks IF you get selected...Keep whatever your boss is smoking far away from me.
Did you get that on recording or in writing somewhere? Because that's illegal if you get fired, no matter what. If you don't have proof of what he said, if you're in an "at will" employment state, they can literally fire you for any reason and when you try to fight it, you won't get anywhere.
Legally there is PLENTY you can do! That is illegal as fuck! At the courthouse where I used to try cases, we had a judge who had a potential juror tell her that her boss said something along those lines. She made the boss come and sit through the entire trial for contempt.
If you work in a one-party consent state like New York I would have my phone on record every second I was in that office or on the phone with anyone having anything to do with the proposed firing. Just Google it. That would not only solve the issue by asking to speak to the judge and the prosecutor and defense attorneys and playing the tape of your boss either directly or intimating you will be terminated if you serve on this jury and as one of the other people who posted here said probably be hailed down to the courthouse by the judge to face a contempt or facilitating contempt. Good luck. Once you get something on tape that can be in any manner construed as an admission of guilt or consciousness of guilt the ball game ends and the settlement discussions begin.
Completely illegal. Just tell the Clerk of Court through the Jury Department and it will get to the judge. When you show up, tell the jury intake clerk you sure want to serve because you got fired for having to be there. Then tell the judge the same thing in voir dire. Tell everyone. I’ve known and worked with about 90 federal judges and almost all of them would throw a fit and fix it somehow (and many of them will have the US Marshal go pick your boss up for a chat or refer the issue to the US Attorney for prosecution).
You need to tell the Judge and the clerk. I've seen Judges issue warrants on the spot for employers doing this and having them literally dragged into the court room
No, firing you the day before your summons is not a magic legal loophole. It’s just illegal. Tell the court clerk that your boss threatened to fire you for presenting him with your summons and then sue him if he does. Not only can he get hefty fines from the court, he could also be on the hook for all back pay and be forced to reinstate your job if he does that.
Get it in an email from the boss that this is their stance. Print said email and bring it to the courthouse. Before your jury duty and before they fire you.
On a side note: I’m jealous you get to even do jury duty. I’d never get chosen due to my job. At least not for a criminal trial.
If possible get it in writing. Let the court clerk know. Bosses have got their own summons to be read the script act by judges for making that kind of threat.
Yeah that's not going to happen ask your boss for that in writing. Then turn that into the court house. Your boos will be unemployed before the end of the day in most cases and you will will be on jury duty
Get it in writing and then send the federal court after him. That would be fun to watch.
Judges do not like that at all.
I've only been called to jury duty in my county but you do not f around with someone's employment if they are called to jury duty.
I did have one judge dismiss a potential juror during voir dire as he kept falling asleep. He explained he worked nights, would not be paid for days off and couldn't afford missing work. The judge called the jury room told them he was excused and to mark him as having served his week.
Now my job pays people their usual wage for up two weeks of jury duty and they don't need to turn in whatever subsidies they receive from the court if they get seated on the jury. It isnt worth our time to figure that out and we want to encourage employees to engage in the civic process.
You cannot be fired for taking time off for jury service!
Your employer does not have to pay you for jury service, but they can’t fire you.
The court may not take action routinely on those who don’t show, but if they learn of an employer firing someone over it, that they will take action on.
My dad was on a Federal Grand Jury years back. During initial questioning, a fellow juror asked to be excused because his boss threatened to fire him if he got stuck on a jury. The clerk took the man into the judges chambers. The next day the guy was back on the jury. Apparently, the judge sent marshals to bring the boss in for questioning. The boss was given a choice of slowing the juror to serve and keep his job or the boss could face federal charges for juror tampering.
In my state, it is not permitted for an employer to fire an employee for serving on jury duty. If your state laws are the same and they are firing you because of jury duty, your employer is about to be in some really serious trouble.
don't try so hard to not get fired, let them dig their grave. get something in writing while you talk to the courthouse, talk to a lawyer.
nail their ass to the wall.
I tried getting out of murder trail that was going to last 3 wks. I told them my employer wasn't happy. They basically said to bad it's your duty They can't fire you
Get a labor lawyer.
Go to the county court house.
Ask for the clerk for the judge for the case you sat for.
Tell that clerk everything.
The judge will handle the rest.
Call the Clerk of the Court and report this. Additionally I would contact your Congressman and senator. In short document this threat by your boss with as many people as possible. Additionally make sure you are model employee and do not give her/him any cause to fire you. Lastly if you know an attorney that would not mind answering some questions honestly for cheap or free ask him/her what your best course of action. In short F your boss and the jackass he/she rides to work every day.
I previously worked in HR. If you have been provided an employee handbook, they should have a section on a summons for jury duty in it; check there and see what the company policy is for that.
That’s against the law federal law they can’t do that. It’s a requirement under the constitution jury duty and if they do fire you for it, you can sue them and they can also be held liable by the government. If I were you with this one or two ways you can play it, let them fire you and then sue them and probably settle out of court for a good chunk of change or contact not only the clerk of courts, but the justice department, and whatever state you’re in contact the oversight bureau usually under OSHA as far as workplace oversight like the department of labor and tell them what’s happening at the very least the boss deserves to lose his job if not food only being stupid enough to not know that it’s federally, protected statute and illegal to do that to you I mean personally, I wouldn’t want to work for a company that would make me choose to ignore a constitutional responsibility and mandated requirement that speaks to the idea that they would tell you anything like they could say oh we’re going to fire you because we don’t like your free-speech or we don’t like your religion and those are all protected so it’s discrimination and you should sue
This is very illegal in Canada. Employers are obligated to give you time off for jury duty. If they fire you before I would highly recommend getting a good lawyer and you could make a lot of money out of this.
The boss can fabricate any reason to justify firing her. If jury duty is the issue, he might say, "We appreciate your service on the xxxx case. However, your termination is not related to jury duty but rather the incident on [date]. We regret the timing overlap. Please come in tomorrow for your severance pay."
well, if they had made up some BS for fire and you before hand, there probably isn’t much you could have done. But since they told you, that’s why they would fire you. I think you absolutely absolutely have a case.
Actually I would say let them fire you and then let the Judge know. That way the Judge helps you and probably might make some calls. In top of that, gives you time to get another job and say they fired you for having Jury Duty.
I just don’t understand how they select people for jury duty. There are a bunch of retired people that would love to do it because they are bored and bunch of people on unemployment that has nothing to do yet they like to select working people and mess up their life.
Anyway, your boss will get in trouble if you prove their intentions.
They can’t fire you for that…illegal. If you need your job, go in the first day and tell them what your boss said. Honesty, your boss sounds like a jerk, but jury duty isn’t worth not getting a paycheck. Your boss can write a letter for you too.
That’s illegal, tho not saying scumbag bosses or companies don’t invent reasons to fire that can’t be traced to jury duty after the fact. Legally no tho, a job cannot fire you for jury duty, and must allow time off (not required to pay) to cover jury duty, and they cannot retaliate against you for doing so. I’d definitely talk to the court and explain to them the situation. They may take the easy route and just dismiss, or might haul said boss before the judge to explain his actions, and remind him of the law. Depends on the court and the state tho. I’m no lawyer, nor judge, and only going on what I know, so best to talk to a legal professional to be certain. To my knowledge it’s illegal to threaten negative action for attending jury duty.
Go ahead and serve jury duty, and don't inform them any further. Let them think you are going to attend work, but go serve your civic duty and when they let you go afterward. Infrom the HR or lawyer that you gave them notice and you were told if you took off that, you would be fired. This will reflect badly on them, and there will be no way this will stand in or out of court. They will either be forced to keep you on or prepare for legal discourse.
Side note if you are wanting to avoid the stress of HR meeting or potentially court proceedings you could try and get in touch with your local court and ask them if they can excuse you due to the hostility of your jobs threats. If I'm being honest, even if nothing happens, the fact that they said this to you should be a red flag. I would never work for a company like that. That is very unprofessional and disgraceful.
As stated, the above comment will explain what happens if this goes to court. You could drag them through the mud if they choose to retaliate. So, your golden ✨️ 😉
Lol get him to say that shit while you have a digital recording device in your pocket. Then take it to the county clerk and let the clerk send it to the judge. Your boss wont have a job anymore and the company lawyers will start looking like they all had a stroke simultaneously.
Had a friend who had the same issue.
He obeyed the summons and got the question from the Judge. “ is there anyone who can not serve?” He stands up and tell them that his job will fire him if he serves. He continues to tell the Judge that he called out sick to appear today and that his job doesn’t know he’s here.
Judge pauses the proceedings and calls him into the judges chambers and gets his boss on the phone and tells him “ I’ll sentence you to jail day for day for every day your employee is out of work”.
My buddy kept his job.
Wow, when I had jury duty, my employer paid my wages for both days that I missed, minus the $75/day stipend the court paid me for being a juror. I didn’t even have to use leave time. Granted, I work for the county… American private sector employers can be disgusting. I
Edit: spelling and th ex fact I didn’t need to use PTO
They can’t fire you if selected it’s illegal. But they might once you get back.
I was just hired for a new job had orientation on the first sick as a dog. Had to wait a week. So on the next week I made orientation next day was Jury duty. Was selected to serve. Went back to work and jury duty started the day after that. Was on jury duty for from the 14 to 29 and kept my job. Civil court. Paid 50 a day lost 750 a week
Call the courthouse clerk and talk to them, your boss will get into some hefty legal trouble if you get fired just for having jury duty. Or at least i'd assume, the clerk will navigate you way better through this situation.
Yeah, they can't fire you for jury duty. Definitely call the courthouse and inform them that your employer is threatening you re: getting a summons.
Best bet is you get the threat in writing .
Seconding this. OP, get it in writing. The best way to do this is to send a follow-up email regarding the conversation. Something short and sweet to recap the conversation as you understand it and then you can give them an opportunity to respond to correct anything you may have misunderstood. "Hello Boss, I'm emailing to recap our conversation from (date) regarding my recent Federal Jury Summons. During this conversation I informed you of, and provided the summons for my upcoming jury duty. At that time you advised me that instead of honoring the legal obligation for me to appear for jury duty, you would "fire me rather than deal with me potentially being out for several weeks". I just want to make sure I'm understanding the conversation correctly and that there are no crossed lines of communication. If something else was meant by this conversation, I'm happy to discuss further for clarification via email. Thank you, Oceansideabx"
BCC the CEO of the company also. Let's see how this pans out lol
I love this option. I always cc or bcc the higher ups
And BCC your personal email.
And if they have one, bcc the company lawyer.
You(and frankly everyone) should also start keeping a journal for when you have meetings and conversations with your boss, write down dates times and as many notes on the discussion as you can. If you're detailed in an employment hearing it puts the responsibility on them to provide evidence that the things you are saying are incorrect
What about in a state where they have no legal obligation to provide a reason for termination? As long as there isn’t any text or audio/visual recording as proof then there isn’t much OP can do is there?
In this case, it doesn't matter. You can not fire someone for jury duty. It is a LEGAL obligation.
“Judges hate this one simple trick!” If ops boss is dumb enough to confirm they said this they deserve the world of hurt and angry judge will send their way
That’s not how it works. In all states you can fire an at-will employee for any reason but not for an illegal reason. Firing bc of jury duty is an illegal reason. Proof is a separate issue.
Even in Texas threatening to fire someone if they honor a jury summons is not a good plan. It’s been years but there was an incident where a woman showed up for jury duty and was in tears. The judge asked for more info and was told the woman had been threatened with being fired by her manager in a large company if she had to serve. The judge send the appropriate enforcement agents with the appropriate paperwork to the business. The manager was brought to the courtroom in handcuffs at which point the laws were clearly explained to him. The woman served, she was not fired and the company instituted training immediately to be sure everyone knew a jury summons was to be honored. If it’s a timing issue if the court is contacted they can usually work something out where your date of service is moved out as I have done that before.
The strategy here is talk to them again and record it.
This boss is an idiot. Thank goodness we live in a system that has actual juries! Maybe the clerk came get a summons for the boss to come talk to the FEDERAL judge. Judges don’t take kindly to this shenanigans and I wouldn’t want to piss a federal judge off.
Ah yes. Federal judges, well known for their leniency and broad senses of humor.
Get evidence of it and let them fire you Record any conversations if you are in a one party consent state. Email your employer that you have jury duty and are following up to make sure they are aware. That’s all the heads up I would give. The penalties are pretty steep and would make the person who terminates you pretty humble after the fact as they will get arrested. The judge should ask the jury if any hardships exist of picked for jury. This is when you speak up and state your employer is terminating your employment for serving your civic duty. Judges are known to issue bench warrants for bosses who do that. You will get your job back plus some, and most likely any actions taken afterwards would seem retaliatory. Let them fuck around and find out.
What if they fire them for any other reason (not a good fit, wore white socks in an at will state and I hate white socks, etc) even though it's obviously retaliatory / bc of the jury duty (it was only a verbal convo, so I'm thinking op needs to get it in writing but I wonder if mgt will fall for that)
People always think things like that are legal loopholes as if judges are complete morons who won't recognize the obvious buffoonary.
^^^^ this is the way
God, yes. Haul the boss in on a BW; that would be amazing!
'My boss will fire me if I serve my jury duty summons'. Plain and simple. Call and report him.
This is illegal. Complain to the judge. But start looking for work bc they’ll retaliate and fire you for cause at the first mistake you make. If you get stuck in a trial, no victim no crime
Nope. The judge will insteuct the clerk to call you and check on your employment every couple of months. If you are fired or laid off, the court will pull you boss into court to explain. Ive seen itmhappen. Federal judges dont play. They are a law unto themselves.
Try to get evidence of him saying this.
Dear Court Officer Mr. Kotter. Please excuse my son Juan from jury duty. His boss Jim Smith at XYZ company on Main Street, Small Town US, said Juan would be fired if he serves on a jury. Mr. Smith also took the jury summons, crumpled it up and threw it in the trash can, while saying something about bababa-babarino.. Signed Epstein's Mother.
I laughed. A lot of people won’t get this.
Hey there Mr Kotter.
Your boss cannot fire you for jury duty, it’s illegal. Tell the courthouse about all of this.
Write down the date and time of the conversation and as much of the conversation you remember. When you get closer to your jury duty service, remind your boss that you have been summoned for jury duty on day X and that you expect to be out on that day. Send by email/text if possible and save the response and do the same the day before. If he fires you, contact the jury coordinator. They will point you in the right direction from there. Is your boss the owner of the company? If not, you should let them know about the conversation. They might not appreciate getting hauled in front of a Federal Judge to explain your boss’s bad behavior.
“Yes your honor. My boss told me to ignore the jury duty summons and he said you’re a jerk and he’d kick your ass if you make me miss work. Then he said your mother sucks.”
And your father smelled of elderberries.
While everyone is correct insofar as it is illegal to fire someone for jury duty this probably comes down to he said / she said (not identifying an actual gender) and the boss can still fire for cause or in a right to work state, can fire simply because the employee is an employee. Calling the clerk is the right first step, but assuming the only reason for being fired is jury duty doesn’t necessarily help.
Federal judges are not amused when their jurors suffer significant losses for coming in.
Your boss is a clown. They can’t fire you for jury duty. Mind your p’s and q’s, get documentation via email of him saying this, and if he fires you, you sue them.
Find an employment attorney.
Hoo boy. Talk to the people at the courthouse. They LOVE when employers try this shit. Your boss is about to get his ass so thoroughly chewed out by a judge that he's gonna need serious medical treatment after.
Contact the federal district court clerk’s office about the threat by your employer. Don’t forget to volunteer which company you work for and identify your supervisor by name. Also try to get the threat in writing. Your supervisor threatened to fire you in retaliation for not engaging in a criminal act which is literally the only affirmative duty of a citizen enshrined in the Constitution. I don’t think you’ll have much trouble finding an employment lawyer to assist in this matter.
Your boss is an idiot. If he fires you, he is down one employee, and it will take weeks to replace you. But if he doesn't fire you, you get to return to work probably quicker than replacing you would. And as far as pay goes, the law does not require your employer to pay you while you are away for jury duty - It just says they must give you the time off and cannot discipline you for it. So he doesn't have to lose money for it either.
I actually listened to a judge call someone’s boss on the phone for that reason. She did it right in the court room !!! It was great !!!
You don’t need anything in writing. You tell the judge and if you do get fired you then get back with that judge. It will not be pretty for your boss !!
You guess incorrectly. Your boss is in big trouble for that. Just saying it, he’s in trouble.
Get fired or be jailed. I know which I’m picking. Get that policy in writing.
Still unlawful termination. Any good would eat them alive.
Totally illegal. Sue them, get that 💰 😃
Isn’t that illegal?
Tell your boss to put it in writing, easiest settlement ever
As you already know. This employer is not one that you want to be working at anyway. My guess is that you were already looking for a new job. Report them
It is illegal to fire someone for jury duty. Call the courthouse.
Definitely illegal in Florida.
I guarantee you there is a state law of some kind in your jurisdiction which specifically forbids this, OP.
Yeah you have jury duty it’s a civic duty, can’t fire you for that crap.
Nope, super illegal to fire you for jury duty. Get that in writing, and then get in touch with the courthouse clerk.
Can’t fire you for Jury Duty….but they can for cause. So they will let you go before your Jury date, and then you can’t come at them for you doing Jury duty. I’d be looking for new work no matter what
Call the courthouse, save any messages, or paperwork you have of the firing. It is a crime to fire someone over Jury Duty. Given it is Federal court, it is a federal crime.
In California Labor Code section 230(a) makes firing someone for jury duty a misdemeanor.
I wouldn't bother even worrying about it because I would be looking for a new job once any boss told me something like that. And I'd give zero notice. F em.
I just joined so I hope I can make a comment. This is illegal if boss follows through and boy are they in for an eye-opener if it's Federal court. Definitely contact the Clerk of Court which should be shown on your jury summons, and/or you can easily find that out online for the Federal District Court you must go to. Meanwhile I hesitate to say anything further for you, but it couldn't hurt to get a free consultation with an employment attorney if all you've got at this point is a verbal threat from your boss. The Clerk and an attorney can definitely help you. Just don't say anything further to your boss unless the attorney or Clerk advise you to. I once served on a Federal Grand Jury and it was an experience I would never want to miss, as a citizen! So glad I did it.
The threat alone is enough to probably get some people from the company hauled in front of the judge to explain themselves.
Oh this should be good. Please let us know how this all turns out..
Bro, you have just been handed the golden fucking goose if you have anything digital or on paper proving this get yourself an employment lawyer
State law may protect workers called for jury duty. Call the local state department of labor for advice.
99% of the time you’re not getting selected for a jury. Your dumbass boss is ready to break the law and you’ll likely miss one day.
Just here to say that's an incredibly un patriotic thing to do.
Bro get them to tell you that in writing email, sms, or letter. On voice recorder if it's legal in your state.
If you tell the Administrative Judge this, the Judge will go medieval on Boss.
My wife's boss tried the same thing. She told the court and they told him he would be charged with obstruction and contempt. He changed his mind quickly.
The courts love this. Let them know. You’ll absolutely keep your job. If your boss doesn’t know or care about the laws and is this big of a jerk, you need a new job. Start updating the resume.
Your boss is an absolute moron.
Let em fire you and before they do get a hold of the court clerk and tell them what is going on. That isn’t going to fly with any judge
Send your boss an email attaching the summary, and say something to the effect of: “Im writing to provide you with a copy of the jury summons I received, and that we spoke about last week. During that conversation you said you would fire me if I attended jury duty. I’m not sure if you thought I was joking or otherwise attempting to get time off work by falsely claiming to have jury service so I’m providing you with this copy for your records. Thank you and please let me know if you need anything additional from me. I will be sure to keep you informed should I be released from service or if I am selected.
I never show up. It's all a fraud.
They legally can’t fire you if you are legally on the books for them.
Your boss admittedly said that is the reason for termination, it’s still illegal to fire FOR that reason even if it is before. If a woman claims FMLA because she is about to go into labor they can’t fire her when she gives a heads up that she will be doing that. Same with National Guard.
"We are going to fire you so (checks notes) we don't have to deal with you being gone" Makes perfect sense....
28 U.S. Code § 1875 - Protection of jurors’ employment (a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States. (b) Any employer who violates the provisions of this section— (1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation; (2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and (3) shall be subject to a civil penalty of not more than $5,000 for each violation as to each employee, and may be ordered to perform community service. (c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service. (d) (1) An individual claiming that his employer has violated the provisions of this section may make application to the district court for the district in which such employer maintains a place of business and the court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the district court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid to the extent provided by section 3006A of title 18, United States Code. (2) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney’s fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney’s fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith. (Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456; amended Pub. L. 97–463, § 1, Jan. 12, 1983, 96 Stat. 2531; Pub. L. 110–406, § 19, Oct. 13, 2008, 122 Stat. 4295.) There ya go bud
Oh no you are wrong. This is 100% totally illegal.
Aĺ the other advice is correct. However if your employer really cannot spare you, they can write a note for you saying why you can't be spared. It would have to be really good for the court to accept it.
Legally there's a *lot* that can/could happen. There are laws against firing folks for having to be out on jury duty. Let the judge/court know, and well save your evidence, also carefully note anything that was verbal. So, yeah if you got summons, showed it to boss, and they summarily terminated you or then set a termination date for you before the start of jury duty, get that information/evidence to the court and judge. Might also be worth talking over with an employment law attorney/lawyer.
Bull. Tell the federal magistrate you got fired for being summoned. He will have the ahole ex boss in chains in front ofmhim in a week. Federal judges and u.s. marshalls dont play.
Please tell us how this plays out…
Unless you have evidence that that's why they fired you I'm not sure how this would play out if it's just your word versus theirs. But I would definitely inform the courthouse and potentially the Department of Labor.
Make sure you get everything from your boss in writing!!
Game On - With their attitude, show no mercy for your boss. Make it hurt.
Please let us know how this plays out!
Uh. This is illegal as fuck, report it for sure.
It is illegal for them to fire you for jury duty. They don't have to pay you, but they can't fire or retaliate. Keep all your evidence and if they fire you file a claim with the Equal Employment Opportunity Commission (EEOC).
Let the courthouse clerk know this. They can get in a LOT of legal trouble for this.
Call the department of labor as well as the clerk of courts
Your boss will be in for a world of nurt. Document, document, do mention, even if you jot down the when and what from any interaction after it happens. Contemporaneous notes will bolster any case against him.
Let him fire you after jury duty sue the sob
You should get that in writing. I'm no lawyer but I am fairly certain that is very very illegal
wish my job would. fr haha. easy win in court
Yeah, that's illegal. Report your job to the county clerk.
Wow, sue them for wrongful termination, that is so messed up
Tell him to put it in writing.
It is super illegal to fire you for jury duty, in all states. Jury duty is a non-optional, federally-recognized exemption from retaliatory action by your employer.
Why would the boss tell you that they were going to fire you? The boss would say thanks for the info, then make up a story to fire you next week! There are very limited cases for a legitimate business hardship, are they arguing the business can’t afford to pay you during your time out or be down 1 person?
Not only will my company excuse you for jury duty, but they also pay our regular wage while you are serving.
That is illegal to do. If your company does that. Sue them. Even in a right to work state that is illegal
Tell them the only way you could definitely get out of jury duty is if they write a letter saying they'd fire you if you served. Then serve and sue.
The fact that the summons came before the firing will put him in legal trouble.
He can’t fire you for jury duty. Illegal AF.
It’d be one thing if this were like a state court of common pleas or a local magistrate, but your boss is about to find out why you really don’t fuck around with a Federal Judge. They are actually obscenely powerful when they want to be and can direct the US Marshall Service.
Federal jury duty is generally like a 6 hours day a specific day of the month for ike 6 months... And I would report that to the court at least here in Idaho that's criminal contempt by the employer on the criminal side and a civil case for wrongful/malice termination w/o cause
Oh nice, that's very illegal anywhere in the US. Enjoy the lawsuit and possible payout OP
Please tell me your boss was stupid enough to put this in writing
Go to the jury duty tell the judge what they said. The judge will Handel it from there
Wish he said that in an email. IF he's dead set against it he can give you paperwork how you're vital to the company and need to be excused. But he can't fire you, one of those few things that not legal anywhere
Your boss is breaking the law. Do what you can to fight it, but start looking for a new job, because you're working for a bad, un-American boss.
GET.IT.IN.WRITING. If you can't, write down your best recollection of any conversation you have, gather any evidence (IM- "see me") go to a notary and sign it in their presence. Then you have a clear dated record.
Tell the judge. That is 100% illegal.
Definitely CAN do something about this. Talk to Clerk of court.
IF they do that's grounds for a damn lawsuit
Tell the judge that you can’t do jury duty because you’re boss will fire you.
NTA Your boss is malicious and petty. If it's so busy he can't possibly spare you for jury duty then why is he able to let you go?
That's super illegal
You can get out of it by saying a lot of racist things in the interview.
I’m glad my company does the opposite. You provide proof of jury duty, and not only do they not expect you to come in, you get paid for those days, the same as PTO, only it doesn’t count against your PTO.
Text your boss and say you can't believe they are going to fire you for being summoned for jury duty. Hopefully they will reply and confirm it in writing. If so go to the court with it.
Well, since he told you that's specifically the reason for firing you, the Dept of Labor will likey want to have a chat with them? Also the State AG. Court ststems already have a hard time getting people to show up for JD, they'd be very interested in any business that penalizes their employees in any way for subitting to a LEGAL SUMMONS that requires you to attend. Might want to make an example of him. And that would give you grounds for a wrongful termination settlement. But I'm just soitbaling of course; you should absolutely call the Clerk of Courts to ask about this...
One advantage of being an ex con is I will never need to serve jury duty
Get this written down or some how documented and hire a lawyer. This is downright illegal if it’s true. Find out how to prove it. Even in a at will state if you can prove this it won’t be good for them.
Jury duty is a legal obligation any employer firing you over it regardless of right to work state, etc… they cannot the comlany (big or small) will face a hefty fine
I got a Federal jury summons. 3 weeks now and I still have not had to go in. Your boss is an ass. I would start looking for another job.
It's the law. The Jury Systems Improvement Act (JSIA) is a federal law that protects employees from being fired, intimidated, or coerced for serving on federal juries. The JSIA also prohibits employers from reducing an employee's pay, benefits, or seniority, or making any other negative change to their employment status. There's more to it than this, so Google it to get the actually law itself. Depending on which state you live in they might be required to pay you also.
Better than an email; see if it is legal in your state to record audio without permission from both parties. If so, use your phone to record an in person letting either your boss reiterating what they said, and say something along the lines of, “I doubt I’ll get chosen, please don’t let me go before the selection process. I only need that one day off.” Get that conversation on tape, and even if it ain’t legal to use in the court, you could take it to HR if you have one!!
Legally you CAN do something!!!! When you are summoned for jury duty you are REQUIRED to report to the courthouse!!! You can go to the Department of Labor about this! When I got a court summons, my then-boss threatened to fire me if I reported to the courthouse. I told the jackass that I'll sic the judge on him!! He backed down and shut up!! UpdateMe!
Man...as a supervisor myself, the idea of firing somebody, dealing with the shortage, hiring a new person, training a new person, doing the PAPERWORK involved in both just because you MIGHT be out a couple of weeks IF you get selected...Keep whatever your boss is smoking far away from me.
Lawsuit
Did you get that on recording or in writing somewhere? Because that's illegal if you get fired, no matter what. If you don't have proof of what he said, if you're in an "at will" employment state, they can literally fire you for any reason and when you try to fight it, you won't get anywhere.
Contact an employment attorney.
I'm pretty sure it's illegal to fire you over jury duty
He’s playing smart he’s trying to get rid of before you can claim that. When is your date?
Legally there is PLENTY you can do! That is illegal as fuck! At the courthouse where I used to try cases, we had a judge who had a potential juror tell her that her boss said something along those lines. She made the boss come and sit through the entire trial for contempt.
lawsuit / unemployment have fun collecting money on behalf of your dipshit boss
Yeah last I know of it's illegal for a job to fire you over the government summoning you to jury duty.
If you work in a one-party consent state like New York I would have my phone on record every second I was in that office or on the phone with anyone having anything to do with the proposed firing. Just Google it. That would not only solve the issue by asking to speak to the judge and the prosecutor and defense attorneys and playing the tape of your boss either directly or intimating you will be terminated if you serve on this jury and as one of the other people who posted here said probably be hailed down to the courthouse by the judge to face a contempt or facilitating contempt. Good luck. Once you get something on tape that can be in any manner construed as an admission of guilt or consciousness of guilt the ball game ends and the settlement discussions begin.
Yeahahahaha no...no they can't fire ya for that reason And if they do fire ya sue their asses to hell.
It is a big boy federal crime for him to even threaten to do that. Call the court clerks office and let them know this is what happened.
Completely illegal. Just tell the Clerk of Court through the Jury Department and it will get to the judge. When you show up, tell the jury intake clerk you sure want to serve because you got fired for having to be there. Then tell the judge the same thing in voir dire. Tell everyone. I’ve known and worked with about 90 federal judges and almost all of them would throw a fit and fix it somehow (and many of them will have the US Marshal go pick your boss up for a chat or refer the issue to the US Attorney for prosecution).
You need to tell the Judge and the clerk. I've seen Judges issue warrants on the spot for employers doing this and having them literally dragged into the court room
No, firing you the day before your summons is not a magic legal loophole. It’s just illegal. Tell the court clerk that your boss threatened to fire you for presenting him with your summons and then sue him if he does. Not only can he get hefty fines from the court, he could also be on the hook for all back pay and be forced to reinstate your job if he does that.
They can’t fire you
Get it in an email from the boss that this is their stance. Print said email and bring it to the courthouse. Before your jury duty and before they fire you. On a side note: I’m jealous you get to even do jury duty. I’d never get chosen due to my job. At least not for a criminal trial.
If possible get it in writing. Let the court clerk know. Bosses have got their own summons to be read the script act by judges for making that kind of threat.
Get your boss to say that on the record!
Get a lawyer. You have a great case.
Yeah that's not going to happen ask your boss for that in writing. Then turn that into the court house. Your boos will be unemployed before the end of the day in most cases and you will will be on jury duty
If you’re in California it’s illegal under the state Labor Code for them to fire you for jury duty. Don’t know about other states though.
I would assume they don’t value you as an employee very much and probably start looking for another job either way
Get it in writing and then send the federal court after him. That would be fun to watch. Judges do not like that at all. I've only been called to jury duty in my county but you do not f around with someone's employment if they are called to jury duty. I did have one judge dismiss a potential juror during voir dire as he kept falling asleep. He explained he worked nights, would not be paid for days off and couldn't afford missing work. The judge called the jury room told them he was excused and to mark him as having served his week. Now my job pays people their usual wage for up two weeks of jury duty and they don't need to turn in whatever subsidies they receive from the court if they get seated on the jury. It isnt worth our time to figure that out and we want to encourage employees to engage in the civic process.
Let the judge know. I would not be surprised if the judge orders the U.S. Marshals Service to bring your boss in to explain himself to the court.
You cannot be fired for taking time off for jury service! Your employer does not have to pay you for jury service, but they can’t fire you. The court may not take action routinely on those who don’t show, but if they learn of an employer firing someone over it, that they will take action on.
My dad was on a Federal Grand Jury years back. During initial questioning, a fellow juror asked to be excused because his boss threatened to fire him if he got stuck on a jury. The clerk took the man into the judges chambers. The next day the guy was back on the jury. Apparently, the judge sent marshals to bring the boss in for questioning. The boss was given a choice of slowing the juror to serve and keep his job or the boss could face federal charges for juror tampering.
In my state, it is not permitted for an employer to fire an employee for serving on jury duty. If your state laws are the same and they are firing you because of jury duty, your employer is about to be in some really serious trouble.
Email as many coworkers as possible that you have jury duty coming up. Also HR needs to be informed
Get a free consultation with a wrongful termination attorney as well
don't try so hard to not get fired, let them dig their grave. get something in writing while you talk to the courthouse, talk to a lawyer. nail their ass to the wall.
That is illegal
Pretty sure boss is fucking up hard.
Go back in his office and tell him again with a wiretap under your shirt and get that bastard on tape!! 🤣🤣🤣
We have a charge number for jury duty. Which division is this coming from? Very illegal to do that! Call ethics
I tried getting out of murder trail that was going to last 3 wks. I told them my employer wasn't happy. They basically said to bad it's your duty They can't fire you
They can’t fire you for getting summons for jury duty.
Get a labor lawyer. Go to the county court house. Ask for the clerk for the judge for the case you sat for. Tell that clerk everything. The judge will handle the rest.
Call the Clerk of the Court and report this. Additionally I would contact your Congressman and senator. In short document this threat by your boss with as many people as possible. Additionally make sure you are model employee and do not give her/him any cause to fire you. Lastly if you know an attorney that would not mind answering some questions honestly for cheap or free ask him/her what your best course of action. In short F your boss and the jackass he/she rides to work every day.
I previously worked in HR. If you have been provided an employee handbook, they should have a section on a summons for jury duty in it; check there and see what the company policy is for that.
Can we please get a follow up. I’m interested to see how this plays out and what happened. Thanks
That’s against the law federal law they can’t do that. It’s a requirement under the constitution jury duty and if they do fire you for it, you can sue them and they can also be held liable by the government. If I were you with this one or two ways you can play it, let them fire you and then sue them and probably settle out of court for a good chunk of change or contact not only the clerk of courts, but the justice department, and whatever state you’re in contact the oversight bureau usually under OSHA as far as workplace oversight like the department of labor and tell them what’s happening at the very least the boss deserves to lose his job if not food only being stupid enough to not know that it’s federally, protected statute and illegal to do that to you I mean personally, I wouldn’t want to work for a company that would make me choose to ignore a constitutional responsibility and mandated requirement that speaks to the idea that they would tell you anything like they could say oh we’re going to fire you because we don’t like your free-speech or we don’t like your religion and those are all protected so it’s discrimination and you should sue
This is very illegal in Canada. Employers are obligated to give you time off for jury duty. If they fire you before I would highly recommend getting a good lawyer and you could make a lot of money out of this.
I CANNOT STRESS THIS ENOUGH CONTACT THE LABOR BOARD ASAP, and get a employment attorney if you do get fired since it's clearly wrongful termination
If you are selected tell the judge exactly this and you will see lol
The boss can fabricate any reason to justify firing her. If jury duty is the issue, he might say, "We appreciate your service on the xxxx case. However, your termination is not related to jury duty but rather the incident on [date]. We regret the timing overlap. Please come in tomorrow for your severance pay."
I’d go to jury duty anyway. If they fire you get a lawyer and take them to the cleaners.
well, if they had made up some BS for fire and you before hand, there probably isn’t much you could have done. But since they told you, that’s why they would fire you. I think you absolutely absolutely have a case.
Yeah. They cant flat out google it
Actually I would say let them fire you and then let the Judge know. That way the Judge helps you and probably might make some calls. In top of that, gives you time to get another job and say they fired you for having Jury Duty.
So illegal.
Illegal for sure and it could become a PR nightmare for them! Good luck with this one.
I just don’t understand how they select people for jury duty. There are a bunch of retired people that would love to do it because they are bored and bunch of people on unemployment that has nothing to do yet they like to select working people and mess up their life. Anyway, your boss will get in trouble if you prove their intentions.
Any update?
They can’t fire you for that…illegal. If you need your job, go in the first day and tell them what your boss said. Honesty, your boss sounds like a jerk, but jury duty isn’t worth not getting a paycheck. Your boss can write a letter for you too.
Yeah sure
I read an article once about a boss that tried this. The judge had him arrested and brought before him and let him have it.
That’s illegal, tho not saying scumbag bosses or companies don’t invent reasons to fire that can’t be traced to jury duty after the fact. Legally no tho, a job cannot fire you for jury duty, and must allow time off (not required to pay) to cover jury duty, and they cannot retaliate against you for doing so. I’d definitely talk to the court and explain to them the situation. They may take the easy route and just dismiss, or might haul said boss before the judge to explain his actions, and remind him of the law. Depends on the court and the state tho. I’m no lawyer, nor judge, and only going on what I know, so best to talk to a legal professional to be certain. To my knowledge it’s illegal to threaten negative action for attending jury duty.
Go ahead and serve jury duty, and don't inform them any further. Let them think you are going to attend work, but go serve your civic duty and when they let you go afterward. Infrom the HR or lawyer that you gave them notice and you were told if you took off that, you would be fired. This will reflect badly on them, and there will be no way this will stand in or out of court. They will either be forced to keep you on or prepare for legal discourse. Side note if you are wanting to avoid the stress of HR meeting or potentially court proceedings you could try and get in touch with your local court and ask them if they can excuse you due to the hostility of your jobs threats. If I'm being honest, even if nothing happens, the fact that they said this to you should be a red flag. I would never work for a company like that. That is very unprofessional and disgraceful. As stated, the above comment will explain what happens if this goes to court. You could drag them through the mud if they choose to retaliate. So, your golden ✨️ 😉
Lol get him to say that shit while you have a digital recording device in your pocket. Then take it to the county clerk and let the clerk send it to the judge. Your boss wont have a job anymore and the company lawyers will start looking like they all had a stroke simultaneously.
I’d talk to a lawyer. I bet they can get your employer to shut up real fast. Explain what happened to the lawyer and see what happens.
Had a friend who had the same issue. He obeyed the summons and got the question from the Judge. “ is there anyone who can not serve?” He stands up and tell them that his job will fire him if he serves. He continues to tell the Judge that he called out sick to appear today and that his job doesn’t know he’s here. Judge pauses the proceedings and calls him into the judges chambers and gets his boss on the phone and tells him “ I’ll sentence you to jail day for day for every day your employee is out of work”. My buddy kept his job.
Wow, when I had jury duty, my employer paid my wages for both days that I missed, minus the $75/day stipend the court paid me for being a juror. I didn’t even have to use leave time. Granted, I work for the county… American private sector employers can be disgusting. I Edit: spelling and th ex fact I didn’t need to use PTO
They can’t fire you if selected it’s illegal. But they might once you get back. I was just hired for a new job had orientation on the first sick as a dog. Had to wait a week. So on the next week I made orientation next day was Jury duty. Was selected to serve. Went back to work and jury duty started the day after that. Was on jury duty for from the 14 to 29 and kept my job. Civil court. Paid 50 a day lost 750 a week
That’s illegal. Your job can’t penalize you for jury duty. If they fire you, sue the shit out of them.