I Got Called Up for Jury Duty… What Can My Boss Do?
While it may be your obligation as a citizen to report for jury duty if called up, unfortunately, it is not your employer’s obligation to pay you for the work hours that you have missed. Neither federal law nor North Carolina law require payment for time not worked due to jury duty. However, if your employer has a written policy on its wage benefits and it makes a promise to pay for jury duty, then the employer has an obligation to fulfill its promise and pay.
If you report for jury duty, what are you guaranteed to be paid? You will be paid a small sum by the State. According to the North Carolina Administrative Office of the Courts, you are entitled to a whopping $12 for the first day of service. Between the second and fifth days of service, you are entitled to $20 per day. If your jury duty lasts for longer than that, you are entitled to be paid $40 for every day after the fifth day.
While your employer does not have to pay you for your time served on jury duty, it is barred by North Carolina General Statute § 9 32 from firing or demoting you simply because you have been called for jury duty. If, in violation of this law, your employer does terminate your employment or demotes you, you can file a civil action against your employer and seek payment for your reasonable damages as well as reinstatement to your former position. However, it should be noted that the time limitation to bring this action is only one year.
For additional questions regarding adverse actions taken by your employer because of jury duty, please contact Guy Milhalter, an attorney with Anderson Jones, PLLC at (919) 277-2541 or by email!