Q. We are a very small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial?
A. One of the very few exceptions to the general principle that at-will employees can be terminated for any reason is that employees cannot be discharged in violation of a public policy. Courts have generally narrowly applied this exception, but it has been held to apply to a situation in which an employee is terminated for serving on a jury.
Although you cannot terminate an employee because of the employee’s jury service, it may be permissible to terminate an employee who will be absent for a long period of time if you would take the same action regardless of the reason the employee is out (putting aside the requirements regarding providing leave in a disability context).
You should tread carefully, however, and consult with your attorney before taking action.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/28212/can-we-really-not-fire-an-employee-who-has-been-called-to-jury-duty "
- "Confederate Southern-American" isn't a protected class.
- Miami judge packs heat to ward off bailiff
- Can we require riffed employees to sign a release before they receive severance pay?
- Applicant suing for failure-to-hire? Make sure she really did apply for the job
- Overtime lawsuits rising: Don't become the latest target