Quick Summary: No employer can legally fire you for serving jury duty. Learn your full anti-retaliation rights in all 50 states, what to do if your employer retaliates, and how to file a complaint.
The Law Is Clear: You Cannot Be Fired for Jury Duty
All 50 US states and the federal government have laws protecting employees from termination, demotion, threats, intimidation, or any other adverse employment action because of jury duty service. This is known as anti-retaliation protection. It applies to all employees — full-time, part-time, and in many states, temporary workers.
What Employers Must Do
Employers are required to: (1) grant unpaid leave for the duration of your jury service, (2) restore you to your same position, seniority, and pay upon return, (3) continue health insurance and other benefits during service (in most states), and (4) count jury service time toward PTO accrual in many states.
What Employers Cannot Do
Illegal employer actions during jury duty include: termination or constructive dismissal, demotion or reduction in responsibilities, reduction in pay or hours upon return, harassment or intimidation about jury service, threats of negative performance reviews, and counting jury service as an unexcused absence.
What to Do If Your Employer Retaliates
If your employer retaliates, document everything immediately: save emails, texts, and any written communications. Request the reason for any adverse action in writing. File a complaint with your state labor board or attorney general's office. Consult an employment attorney — many work on contingency for retaliation cases. In egregious cases, civil lawsuits for lost wages, reinstatement, and punitive damages are possible.
State-Specific Protections
While all states prohibit retaliation, the remedies vary. Some states cap damages; others allow full back pay plus attorney fees. States like California and New York have among the strongest employee protections and most active enforcement.
Frequently Asked Questions
No. Firing, threatening, or penalizing an employee for jury service is illegal in all 50 states. If this happens, you have strong legal recourse.
Some employers can require PTO use, but only if their policy explicitly permits it. They cannot force you to use PTO in a way that effectively penalizes you for serving — and they cannot deny you jury leave.
In most states, health insurance and other benefits must continue during jury service. Your seniority and retirement contributions are typically protected as well.
Yes. Employees who face illegal retaliation for jury service can file complaints with state labor boards, the EEOC, or file civil lawsuits seeking reinstatement, back pay, and damages.
Calculate Your Jury Duty Pay
Find out exactly how much you'll earn — including tax estimate and mileage.
Use Free Calculator →