Are you guaranteed your job back after jury duty?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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