Legal Question in Employment Law in Pennsylvania
employer & jury duty
My wife has been called for jury duty on April 6th, 2009. Her employer is giving her a ''rough time'' because according to her supervisor there are people scheduled for vacations, doctors appt's, etc. and they will be short handed. My wife had already asked for dismissal last December for the same reasons. Is it legal for her to be fired for disobeying her employer and do her civic duty? I don't think the judicial system will tolerate to many more pleading for dismissal and her employer doesn't seem to want to co-operate. I also believe that her employer will force her to use her vacation time if she does serve on jury duty. Can they do this also? She only gets 20 hrs. of vacation and is a part-time employee.
1 Answer from Attorneys
Re: employer & jury duty
Your wife is absolutely protected from unlawful discharge for reason of performing jury duty. A smart employer under these circumstances will wait at least half a year to act out its bad motive when this would become a pretext case; you know - dress code, parking space, drug test, tardiness, job performance, etc.
Few matters are as clear in Pennsylvania employment law as the fact that being fired for serving as a juror equals a violation of clearly articulated public policy.
Go serve on the jury and bring me the pink slip as Evidence.
Good Luck.
TV
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