Are you guaranteed your job back after jury duty?

I was a selected juror and was out of work for a full 7 working days. A week later, after returning back to work, I was laid off for the reason being that the company was eliminating my position. Is this legal? Aren’t I supposed to have a secure job when I return back to work?

Asked on December 25, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It depends on whether they were eliminating your job for some legitimate reason (restructuring, downsizing, losing a project or business, etc.) unrelated to you being out on jury duty. You can't be fired for being on a jury, but that doesn't protect you from losing your job for any other reason: you are not guaranteed a job to return to, only that you won't lose it due to your jury service. If you believe that any reasons or excuses they give are not true aned you were in fact fired due to jury duty, contact an employment law attorney about bringing a wrongful termination lawsuit.


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