Terminated by Text Because of Jury Duty Service

[MEDPorter]

My question involves labor and employment law for the state of: Tennessee

I have been teaching preschool for a little over a month and was recently summoned to jury duty. Last weekend I called the general session clerk's message line as I am required to do every weekend during my service and found out that there would be a jury trial on Wed (yesterday.) I informed my director and provided her with a copy of my paper proving I am required to serve. She was upset becasue I have to serve for a few more months (which could mean more trials) and she said the owner wouldn't want to pay for me while I was at jury duty and another teacher to watch my classroom. She also asked me to come in as soon as the trial was over so that they wouldnt have to pay someone for the whole day.

I worked the day before the trial and everything was fine. The only issue was a question I had about pay stubs. My employer pays us direct deposit but we do not receive pay stubs. I felt that some of my wages were missing (around a hundred dollars) but I had no way to prove it because we do not get any type of pay stub. She said that she would talk to the owner.

I showed up for jury duty but ended up being excused later on from the trial. When I called my employer to ask if I needed to come in I received no answer on the phone. I live almost an hour from my job so I didnt want to drive over unless I was needed. About an hour later I received a text message stating that they were terminating me because of parents complaints and a classroom that was out of control. I have never been written up or given verbal warnings about this before.

Today I went in to get my things from the classroom and the director apologized and said she was only doing what the owner asked her to do (send the text.) She said that I was a great employee and that she would give me a good reference if needed but the decision was out of her control.

I'm pretty sure the reason I was terminated was because of the jury service and questioning about the check stubs and missing pay. I have pulled up the TCA codes and know that it is illegal but I wonder what my next step would be and if I would have a hard time proving that it was actually because of jury service.

Opinions?

[jk]

here is the law regarding this situation:

http://juryduty.nashville.gov/portal...rEmployers-OLD

If an employee is full time, been employed for six months and if the employer has five full time employees or more, the employer must pay the employee their regular wages while they are on jury duty

It would appear you are not afforded protection from being discharged. You can contact the Tenn department of labor to clarify this.

[MEDPorter]

But if you read down further the law also states that:

(2) (A) Any employee who is discharged, demoted or suspended because the employee has taken time off to serve on jury duty is entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.

I assumed the part that you quoted referred to being paid and wasn't about termination.

[jk]

sorry about that. Fatigue is a bear.

yes, the law does preclude a person from being fired for attending to jury duty from what I can see. I would suggest contacting your department of labor. If you are still actively on jury duty, speak with the person you report to at the courthouse about the issue. They may have a process that is faster.

[MEDPorter]

Thank you both.

[Juryduty]

Contact Attny Don Donati - he is working on a similar case at the moment Look up William Ryan attny blog on Donati Law website.

Before you do - contact your court clerk where you were on jury duty and let them know what happened. They will also be able to help you. They will be your best source of information.

Trust me as this is something I have first hand knowledge of.

[Mr. Knowitall]

If you provided your employer with proper notice of your jury duty, you have certain legal protections:

(a)

(1) Upon receiving a summons to report for jury duty, any employee shall, on the next day the employee is engaged in the employee's employment, exhibit the summons to the employee's immediate superior, and the employer shall thereupon excuse the employee from employment for each day the employee's service as a juror in any court of the United States or this state exceeds three (3) hours.

(2) If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, the employee shall also be excused from employment as provided by this section for the shift immediately preceding the employee's first day of service. After the first day of service, when the person's responsibility for jury duty exceeds three (3) hours during a day, the person whose circumstances fall within the parameters of this subdivision (a)(2) shall be excused from the person's next scheduled work period occurring within twenty-four (24) hours of that day of jury service. Any question concerning the application of this subdivision (a)(2) to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.

(b) Notwithstanding the excused absence as provided in subsection (a), the employee shall be entitled to the employee's usual compensation received from such employment; however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror. Moreover, no employer shall be required to compensate an employee for more time than was actually spent serving and traveling to and from jury duty. If an employer employs less than five (5) people on a regular basis or if the juror has been employed by an employer on a temporary basis for less than six (6) months, the employer is not required to compensate the juror during the period of jury service pursuant to this section.

(c) It is the duty of all persons paying jurors their fee or compensation for jury service to issue to each juror a statement showing the daily fee or compensation and the total amount of fees or compensation received by the juror. The person also shall provide a juror with a statement showing the number of hours the juror spent serving each day if the juror or juror's employer requests such a statement prior to the service at issue.

(d)

(1) No employer shall discharge or in any manner discriminate against an employee for serving on jury duty if the employee, prior to taking time off, gives the required notice pursuant to subsection (a).

(2)

(A) Any employee who is discharged, demoted or suspended because the employee has taken time off to serve on jury duty is entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.

(B) Any employer who willfully refuses to rehire or otherwise restore an employee or former employee commits a Class A misdemeanor.

(e) Any employer who violates this section commits a Class A misdemeanor.

(f) For the purposes of this section, “employer” includes, but is not limited to, the state of Tennessee or any local government.