Can I Miss Jury Duty Because of Work?
Posted October 5th, 2017 by Anthony Carbone, PC.
Categories: Legal Topics.
When, not if, you receive your jury duty summons, you’ll probably be thinking of how much of a burden it will be or how you can avoid going.
You probably should reconsider those thoughts. According to the United States District Court, any person summoned for jury duty who fails to respond or appear may be ordered by the District Court to appear at their own expense to show and explain the reasons they couldn’t attend.
Any individual who fails to show a reasonable cause could face a fine up to $1,000.00 or face jail time up to three days. Jury duty is mandatory in the first place because the U.S. Constitution guarantees those convicted of crime the right to a trial by jury. Your presence makes that right possible.
What About Work?
Work cannot be an issue for missing jury duty. In 1978, the Protection of Juror’s Employment Statute was enacted. This statute reflects the attitude of the U.S. Congress toward the duty of employers to their employees and the justice system. Therefore, any kind of financial hardship resulting in an employee missing work cannot be a valid reason for the District Court to release an individual from service.
An employer cannot fire, intimidate, or coerce an employee to not attend their jury duty summons either, as stated by this Federal Statute.
If an employer’s policy is against receiving pay while on jury duty, it’s something that should be highly reconsidered. Federal jurors are paid $40.00 per day for their service. Paying the difference between an employee’s salary and the juror attendance fee is recommended because most employers, who pay their employees while they are on jury duty, require them to return the jury service fee to them. If not, please consider changing your policy to reflect basic Constitutional rights.
Also, jurors are obligated to remain ‘on call’ for service up to four weeks. Jurors normally serve from 9 AM to 5 PM. In most instances, the burden of jury duty is not so overwhelming that it couldn’t be absorbed by a business or any other establishments with relative effortlessness.
If you are involved in a court matter and need a lawyer, please contact the Law Offices of Anthony Carbone today for a free consultation.