No. An employer cannot stop you from serving on jury duty, and cannot punish you for going. Federal law prohibits any employer from firing, threatening, intimidating, or coercing a permanent employee because of federal jury service, and every state has parallel protections covering service in state and local courts.1Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment An employer who interferes can be ordered to reinstate you, pay your lost wages, and cover civil penalties of up to $5,000 per violation.
What Your Employer Cannot Do
The Jury Systems Improvement Act of 1978 is the federal backstop. It bars employers from discharging, threatening to discharge, intimidating, or coercing any permanent employee because of jury service in any federal court.1Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment The protection kicks in as soon as the summons arrives. It covers scheduled attendance, not just actual attendance, so pressure aimed at getting you to skip or postpone the service is already retaliation.
The rule reaches well past outright firing. Your employer cannot demote you, cut your hours, reduce your pay or benefits, strip seniority, or make any other negative change to your working conditions because you served.1Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment Subtle retaliation counts. Being reassigned to a worse shift or quietly dropped from a promotion cycle right after service can violate the law just as much as a termination.
When your service ends, you are entitled to return to the same position without loss of seniority. The law treats jury service like an authorized leave of absence, so your eligibility for insurance and other benefits carries through as if you had been on approved leave the whole time.2United States District Court, Northern District of Texas. Employee Protection Statute
Your employer can ask the court for a postponement if the timing is genuinely disruptive, but the decision belongs to the court, not the employer. In most courts a juror can defer once, typically for up to six months. Business inconvenience is not grounds to excuse you, only to reschedule.
Who Is Covered
One limitation matters in the federal statute: it protects “permanent” employees.1Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment The law doesn’t define the term, and case law interpreting it is thin. Workers in temporary or short-term contract roles may fall outside the federal protection, though state jury-protection statutes often use broader language that closes the gap. If you’re a temporary worker, check your state’s statute.
At-will employment doesn’t change the answer either. Jury duty protection is a specific exception to the general rule that either party can end an at-will relationship for any reason. Firing an at-will employee for serving on a jury is wrongful termination.
Do You Get Paid While You Serve
This is where the law is less generous than most people expect. Federal law does not require any employer to pay wages during jury service.3U.S. Department of Labor. Jury Duty Whether you keep your paycheck depends on company policy or your employment agreement. Many larger employers continue full pay voluntarily. Plenty of smaller ones don’t, and that’s legal at the federal level.
A handful of states require private employers to cover at least part of jury service. Connecticut mandates full pay for the first five days. Colorado requires regular wages up to $50 per day for three days. Massachusetts requires three days of full pay. New York requires employers with ten or more employees to cover the first $40 of daily wages for three days. Most states leave the choice to employers.
Salaried employees classified as exempt from overtime get a different result. Under federal wage regulations, an employer cannot deduct from an exempt employee’s salary for absences caused by jury duty.4eCFR. 29 CFR 541.602 The employer can offset the jury stipend against that week’s salary, so a $1,500 weekly salary paired with $250 in jury fees could be paid as $1,250. What the employer can’t do is refuse to pay for the week or drop total pay below the stipend.
The court itself pays a small stipend, but it rarely replaces lost wages. Federal courts pay $50 per day, rising to $60 per day after ten days of trial service.5United States Courts. Juror Pay State court rates run from nothing on the first day up to around $50 per day, depending on the state.
What You Have to Do to Keep the Protection
Coverage isn’t automatic. You need to tell your employer promptly after the summons arrives. Reasonable notice is the standard, and handing over a copy of the summons is the cleanest way to meet it. Being vague about the dates or waiting until the last minute creates friction and can weaken your position if a dispute follows.
After service ends, you’ll need proof you actually attended. Courts issue a certificate of attendance showing the dates you served. Federal courts generally provide it the same day you check in, and many state courts make an electronic version available within a business day. Bring it to your employer promptly. Between the summons and the attendance certificate, your employer has everything needed to verify the absence.
Don’t Skip the Summons to Avoid a Workplace Fight
Some employees think about ignoring the summons to keep the peace at work. That’s a serious mistake. A jury summons is a court order. Ignoring it can lead to a show-cause hearing where a judge demands an explanation. Penalties for failing to appear include fines of up to $1,000, up to three days in jail, community service, or any combination of those sanctions.6United States District Court for the Southern District of Georgia. Jury Info State courts impose similar penalties. If the problem is a difficult employer, the statute exists to solve that problem; skipping the summons only adds a contempt issue on top of it.
What Your Employer Risks by Interfering
The penalty structure under the Jury Systems Improvement Act has three main pieces:
- Damages for lost wages and benefits caused by the violation.
- Injunctive relief, including a court order to stop the conduct and reinstate a fired employee.
- Civil penalties of up to $5,000 per violation per employee, and the court can also order the employer to perform community service.
The $5,000 figure was raised from $1,000 in 2008. A prevailing employee who hired a lawyer can recover reasonable attorney fees as part of the costs.1Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment State penalties vary, often include similar remedies, and in some states include misdemeanor charges for employers who interfere.
How to File a Complaint
If your employer retaliates against you for federal jury service, you file a claim in the U.S. district court for the district where your employer has a place of business.1Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment One unusually helpful feature of this statute: if the court finds your claim has probable merit, it will appoint an attorney to represent you at no cost. That is rare in employment law.
For retaliation tied to state court jury service, the process depends on your state’s statute. Most states allow a private lawsuit, and some also permit a complaint to a state labor agency. The clerk of the court that summoned you is a good starting point for pointing you to the right resources. Document everything from the moment your employer reacts badly to the summons: emails, text messages, witness accounts, and any changes to your schedule, duties, pay, or standing at work.