United States District Court, Northern District of Florida

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Which law protects me in my employment while, or after, serving as a juror?

The Protection of Jurors Employment Status Act includes both the protection of the status of employment after jury duty as well as during the period of jury service, Costello v. United States, 350 U.S. 359, 362 (1956). Thus, among other rulings, courts have determined it is unlawful for an employer to:

  1. React with hostility to the news of the employee's jury duty, withdraw customary assistance to the employee; criticize, reprimand or discharge the employee without cause, but rather for reasons related to the jury service. ( Hill v. Winn- Dixie Stores Inc., 934 F 2d 1518 (11th Cir 1991)).
  2. Pressure an employee to submit a materially misleading statement to the court in an attempt to avoid jury duty. (U.S.A. ex rel Perkins v. Sara Lee Corp., 839 F. Supp. 393 (W.D.Va.1993), vacating on other grounds, 852 F Supp1321 (1994) (stipulation of Dismissal vacating judgment)).
  3. Coerce an employee into requesting postponement of the jury duty until the employee has earned sufficient vacation time for it. (Jones v. Marriott Corp., 609 F Supp. 577 (D.D.C. 1985)).
  4. Cut back the work hours, change work assignments or conditions and/or discharge an employee serving on jury duty because his absences upset the employers work schedule. (In Re Webb, 586 F. Subb. 1480 (N.D.Ohio 1984)).
  5. Obligating jurors to work overtime after jury service hour or assigning jurors to work on their personal days from jury duty. (U.S. A. ex rel Madonia v. Coral Springs Partnership Ltd., 731 F. Supp. 1054, 1056 (S.D. Fla. 1990)).

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