questions & answers

Question: How do I know if my employer is violating laws against blocking me from serving jury duty? They have paid jury duty time but will not let me take it without extending my contract, a highly undesirable result and something I perceive to be retaliation. Should I obtain counsel for this or am I being overdramatic? Thank you!

Answer: Q. 32492 How do I know if my employer is violating laws against blocking me from serving jury duty? They have paid jury duty time but will not let me take it without extending my contract, a highly undesirable result and something I perceive to be retaliation. Should I obtain counsel for this or am I being overdramatic? Thank you! A. Employment rights and jury duty are covered in two separate Arizona laws. Arizona Revised statute 21-236 is one of the statutes that covers employment rights. This statutes reads: A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide annual, vacation or sick leave to employees who are otherwise not entitled to such benefits under company policies. B. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. (Bolding added.) An employer is not required to compensate an employee when the employee is absent from employment because of jury service. C. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee. D. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21-336. E. A person who violates any provision of this section is guilty of a class 3 misdemeanor. The second statute that covers employment rights and jury duty is Arizona Revised Statute 23-1501. A part of that statute says “An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:” …The employer has terminated the employment relationship of an employee in retaliation for any of the following:…Service on a jury as protected by section 21-236. To determine if your employer’s action is violating Arizona jury duty law, you may first want to contact the court that has issued the jury duty summons. They may be able to help. If the court is unable or unwilling to help, you will have to contact a private attorney for advice and counsel.