Jury duty and your job: your rights and your employer's
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Can you be fired for jury duty? What 28 U.S.C. § 1875 says for federal jurors, how state protections work, and whether you'll be paid.
The worry that comes right after "do I have to go?" is usually "what about work?" The short answer is that the law protects your job, but not necessarily your paycheck.
Federal jury service: 28 U.S.C. § 1875
For federal jury service, § 1875 says no employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee because of the employee's jury service, or attendance or scheduled attendance in connection with it. An employer that violates this:
- is liable for lost wages and other benefits;
- can be ordered to stop and to provide other relief, including reinstating an employee who was fired; and
- faces a civil penalty of up to $5,000 per violation for each employee, and may be ordered to perform community service.
The statute also lets the court appoint counsel for an employee who brings a claim.
State jury service
State law protects employees summoned to state courts, and the details vary. Some examples from official state sources:
- Virginia's official Answer Book for Jury Service says your employer can't fire, demote, or otherwise penalize you for missing work while performing jury service. If you appear for four or more hours in a day, including travel, your employer can't require you to start a shift that begins at or after 5:00 p.m. that day, or before 3:00 a.m. the next day.
- Colorado's judicial branch says Colorado statutes set requirements for employers whose employees are called to jury duty, and it publishes a page of information for employers.
Look up your own state's rules through our state directory.
Will I be paid?
The U.S. Courts say your employer may continue your salary during all or part of federal jury service, but federal law doesn't require it. Many employers do pay for some or all of jury service as a matter of policy. Some states require certain employers to pay for a limited number of days, and others don't. Ask your HR department or check the employee handbook. The court's daily fee applies either way. See the pay calculator.
What you should do
- Tell your employer promptly and in writing, with a copy of the summons. Our employer letter builder writes it for you.
- Keep in touch about your schedule. Many jurors finish in a day.
- Get proof of attendance from the jury office for your employer.
- If your employer pressures you not to serve or punishes you for serving, tell the court's jury office. For federal service, § 1875 provides a remedy. You may also want to talk to an employment lawyer.
If you're self-employed or paid hourly
Legal protection doesn't help much if you simply don't earn when you're not working. Financial hardship is a recognized reason to ask for a postponement, and sometimes an excuse. Be specific about the impact and offer dates that would work better. Use the postponement letter builder.