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Can my employer retaliate if I have jury duty?

The California Labor Code protects jurors. It is against the law to fire or harass an employee who is summoned to serve as a juror. However, you should let your employer know well in advance as soon as you receive your summons.

Section 230 Of The Labor Code

Sections of the Labor Code relevant to the performance of jury service (excerpts only):

230. (a) An employer may not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is required to serve.

230. (b) Any employee who is discharge, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a),….shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.

230. (f) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or rights as set forth in subdivision (a),….may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.

230. (g) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a),…The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.


For more information about employer responsibilities or to file a complaint, go to the Department of Industrial Relations, Division of Labor Standards Enforcement website.
More Jury Q&A Topics
Jury Basics
If you received a jury summons
If you need to correct or recover your juror information
If you are a sworn juror
If you need Internet access
If you are assigned to a case
Question while on Jury Duty - For Employees
If you are an employer
Jurors Fees
Excuses
Exemptions, Postponements, & Transfers
Special Accommodations
Civil Grand Jury
Criminal Grand Jury
Art Showcased in
Los Angeles Courthouse Jury Rooms
Artwork
"Blue Label" by Nicola Kronstadt
2006 – 1st Place Teen

National Arts Program - Logo

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