Fired for Jury Duty? Your Rights

Can Your Employer Fire You for Jury Duty?

No. Under federal law, an employer may not discharge, threaten or coerce a permanent employee because the employee is summoned for or serves on a federal jury. That protection covers a firing, a demotion, a cut in hours and any other form of punishment tied to your service. Most states have their own law covering state court juries, which are far more common, and many extend the same protection to temporary or part-time workers.

The protection also covers the time before service. An employer who threatens your job to discourage you from reporting, or who pressures you to ask the court for an excuse, may be breaking the law.

Do You Get Paid While You Serve?

This is where the rules differ most. Federal law does not make private employers pay your regular wages during jury service. Courts pay jurors a small daily fee instead, and the amount varies by court. State law fills in the gap in some places:

• Some states require pay

  A number of states require employers to pay regular wages, or part of them, for some or all days of service. The amount, the number of days and the size of the employer that must pay all vary.

• Some states require unpaid leave only

  Many states protect your job and your time off but leave pay up to the employer. You may be able to use vacation or paid time off if you choose to.

• Company policy can be more generous

  Many employers pay for jury days voluntarily. Check your handbook, your offer letter and any union or employment contract.

Pay can also depend on how you are paid. Under federal wage rules, an employer generally cannot dock the pay of a salaried exempt employee for a week in which the employee did any work, even if jury duty took up part of it. Hourly employees can usually be paid only for the hours they work unless a state law or policy says otherwise.

What Your Employer Can Still Do

Jury protection is not a shield from every workplace decision. An employer can generally ask for a copy of your summons, require reasonable advance notice, and ask you to come back to work on days or hours when you are excused. A genuine layoff or a firing for a reason that has nothing to do with your service may be lawful. The question is whether jury duty played a part. Timing often tells the story: a good performance record, a sudden warning right after you reported your summons, and a firing during your service are strong signs of a connection.

Steps to Take When You Get a Summons

• Tell your employer promptly

  Give your supervisor or human resources a copy of the summons as soon as it arrives, in writing or by email, so there is a record of the date.

• Ask about pay and schedule

  Ask whether the company pays for jury days and how it wants you to report your time. Keep the answer in writing.

• Get proof of attendance

  Ask the court clerk for a certificate or note showing the days you served, and give a copy to your employer.

• Return to work on time

  Report back as soon as you are released each day, or as the court's schedule allows. Missing a day you were excused from can give an employer a lawful reason to discipline you.

• Keep a record of any pushback

  Save messages, schedules and any comments about your service. Write down dates and names right after a conversation.

If You Are Fired or Punished for Serving

A firing tied to jury service is a form of retaliation. Under federal law, an employee fired for federal jury service can bring a civil case against the employer. The court can order lost wages and benefits, reinstatement to the job, and a civil penalty against the employer, and it may award attorney fees to an employee who wins. State laws often add their own remedies, and some let you file with a state labor agency instead of going to court.

Deadlines for these claims can be short and depend on the state, so do not wait. Gather your summons, your attendance proof, your pay records and anything that shows how your employer reacted. For the broader rules on retaliation claims, see our guide to workplace retaliation, and for how a firing can be unlawful, read signs you were wrongfully terminated.

The federal law is 28 U.S.C. 1875, and the federal courts explain juror pay on their juror pay page. If you are on a leave of absence while you are summoned, the overlap is covered in our guide on being fired while on medical leave.

Frequently Asked Questions