Safeguard Your Right To Jury Duty Leaves

Author: Nicki Malekadeli
Posted on: July 5, 2018

Reporting for jury duty is an important civic responsibility. Citizens can learn much about the legal system and observe firsthand how the law affects the lives of citizens. While jury summons should be counted as a privilege, some employers consider jury duty leave to be an inconvenience, as it means employees will have to take a few weeks off from work. Consequentially, some employers may be tempted to refuse requests to let employees perform jury duty.

California employees who want to take jury duty leave are protected by law against retaliation, discrimination, and intimidation by employers. Meanwhile, employees who’ve been furnished with summon papers by a court are obliged to inform their employers beforehand about their intention to undertake jury duty. Employers, in turn, should verify if their employees have the mandate to attend jury duty by requesting for the necessary documentation.

California Jury Duty Leaves, as Defined by the Labor Code

According to the California Labor Code, in Section 230 (a), “An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury,” and only requires that “the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve.”

Employers are mandated to have a jury duty leave policy that is consistent with the Labor Code. Furthermore, employers must know that Section 230 (h) (1) states that if, “An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision … may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.”

Seek Legal Help if Your Employer Has Committed Labor Law Violations

Though the law of California safeguards your right to perform jury duty, be aware that your employer is not obligated to compensate you for the time taken off for jury duty. The law only mandates that your employer cannot stop you from exercising your right to be a member of the jury or attend jury hearings.

However, if your employer subjects you to any form of discrimination, retaliation, or disciplinary action for undertaking this basic civic duty, then know that they’ve violated your rights. Seek the counsel of Los Angeles jury duty attorneys from Mesriani Law Group to obtain just recompense for all the damages you’ve suffered.