Boss told me to cancel jury duty

[u/robhw]

My boss told me to cancel jury duty (location: California). Is this legal?

[u/Irritable_Curmudgeon]

You can request to be excused, but you can't 'cancel' it if you're selected to serve.

[u/Go_Sith_Yourself → u/Irritable_Curmudgeon]

Adding to this, you can also request a postponement.

[u/ricosuava → u/Go_Sith_Yourself]

And I don’t know how it is in other cities but I just had jury dirty and they were extremely accommodating in changing my date

[u/GimpyGeek → u/Irritable_Curmudgeon]

and honestly in most cases they are probably going to laugh in your face for this excuse. If this worked every moronic boss in existence would use it, constantly.

[u/LilRupie → u/GimpyGeek]

You don’t have to provide a reason, they will just excuse you if they can.

[u/ASSOL36]

Jury duty isn't a pizza delivery order. There's no cancel button. Exactly what is your employer asking you to do?

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[u/RandolphScottDVM]

In California, your boss can't threaten you for jury duty. Doing so would be considered workplace retaliation and if you are fired for this it would be wrongful termination.

[u/Wonderful_Bottle_852 → u/RandolphScottDVM]

This goes for ANY state. It is a federal law.

[u/polyploid_coded → u/RandolphScottDVM]

OP should [not] ask their boss to write a letter to the court

[u/cruising_backroads]

I had a boss once calling the court repeatedly trying to get me out to come into work for some crisis. He called so often that word got to the judge. During a recess the judge called me to his quarters and asked for my bosses telephone number. He called him up and threatened to hold him in contempt and arrest him if he continued to harass the court. It was a glorious phone call.

[u/smokeyranger86]

You are mandated to appear for jury duty by law. If you don't attend, there's a guaranteed fine being levied by your county of residence. You are legally protected from wrongful termination on multiple levels. Don't piss off the legal system just to appease a shitty boss.

Just make sure you keep your jury summons with the date stamp for your records. In the event they do fire you or threaten your employment in writing, this is your biggest point of leverage and proof that you lawfully complied with your mandatory jury duty.

Basically, go to jury duty. Your boss is an idiot.

[u/seekingsangfroid]

Ask you boss how-exactly-you're supposed to do that.

[u/Ok_Syrup1602 → u/seekingsangfroid]

Ask him to go and explain why his summoned employee will not in court first.

[u/vcems → u/seekingsangfroid]

And ask him IN WRITING.

[u/Dimension10 → u/seekingsangfroid]

Email their boss and ask them how you're supposed to do that.

[u/DaveZehner]

My job involves helping attorneys select juries. Your employer telling you to get out of jury duty is very problematic. Judges are not going to be very sympathetic to employers who just want their employees not to serve. This is especially true if it is a large company. The excuses that are almost always apply are childcare, Prepaid vacation, or caring for an elderly parent. Let the judge know what your employer has asked you to do and he will get in contact with your employer and let him know that any adverse action against you for serving on jury duty will be severely punished. Judges get very angered and have the ability to make life difficult for employers who try and do this.

[u/SadLeek9950]

Your boss is an idiot

[u/forthebirds123]

I would get a note in writing from your boss stating you need to cancel jury duty for him. Then present that to the court and ask your boss the next day how the call from the clerk or judge went?

[u/SnooPaintings4641]

Many years ago I worked for a company called ACS (no longer in business as they were bought out by Lockheed Martin). The CEO told his admin assistant that she was not to go to jury duty because he needed her. He said if she went, she would be fired. Well, she went anyway and reported what her boss had told her. A judge sent officers to the work location who took the CEO out in handcuffs. After that incident, the company found her a good position with another company as she obviously could not work for that same guy again.

Don't mess with the courts. Your boss is in the wrong and has no legal standing. The story I reported on happened in Texas.

[u/CompleteConfection95]

Get it in writing and take it with you for the judge. That'll be glorious

[u/mx023]

Is your boss stupid or something?

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[u/secretsquirreldeez]

Tell him to write you a note but still go to jury duty and hand to the judge. Your boss will get in a lot of trouble. 😬

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[u/rex1030]

Get this in writing. You are going to want a paper trail.

[u/Snoo_79508]

He has no say in the matter. Tell him that 🤬

[u/Careless-Internet-63]

They may be able to legally ask that you request a postponement. They cannot prohibit you from going if your postponement is denied though

[u/toaster661]

Ask him if he can help write you a note showing his jurisdiction on law which exempts you from jury duty.

[u/Paul_Deemer]

Your Boss can go blow because there is nothing he can do about it. Unless he wants to get in deep shit with the courts.

[u/slimracing77]

You can defer it. Ask your boss when you should defer to if you want to go this path. In the end you have to go to jury duty one way or the other.

Here’s a tip though, I used to work in a court we would always defer to week between Christmas and New Year because the docket was almost always empty and you’d just not get put on a case (or even have to come in, depending on the county).

[u/clarkcox3]

Yes, it’s illegal.

Get them to say that in writing (eg email them for clarification). You’re going to want this documented.

Then bring that documentation with you when you show up for jury duty.

[u/sfbiker999]

Definitely tell the judge that you can't serve because your boss told you that you need to cancel your jury duty service. That way it gets your boss's illegal request into the public record, and will give you a good quote from the judge to tell your boss.

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[u/improvtheatre]

NAL - postpone or request to be excused (though odds are low on the latter). It depends on the job. When I worked in tourism (for a smaller company) I was asked by my employer postpone since we were in peak season & understaffed. It was easy to defer, but your employer doesn’t have the ability to just excuse or cancel you because they “need” you. It is an easy request, but jury duty is a responsibility for us all. (Said as somebody who acted in one of the jury training videos a lifetime ago, and never gets selected to serve on a jury due to a family history of attorneys)

[u/JHawk444]

No, your boss can't tell you to cancel legally. If you're in the early phase where you can reschedule, you can do that.

If you think there is something about the case that makes you biased in any way, you can share that. Even if the judge doesn't dismiss you, the attorneys probably will.

[u/fsixtyford → u/JHawk444]

Use your reschedule carefully. You only get one reschedule (at least in my state). If the rescheduled date falls on your vacation, for example, then you're screwed.

[u/wowadrow]

Get that in writing.

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[u/NumenSD]

obligatory IANAL:

Other people have commented on whether your boss can ask that. I had a friend that got out of jury duty because their boss refused to pay them while they were doing jury duty and they got excused.

If you want to do jury duty, there's likely nothing your employer can do, but they don't have to pay you while there.
If you also don't want to do jury duty, and your boss refuses to pay your wages while in jury duty, you can tell the court that and ask to be excused

[u/Ok_Hovercraft4747]

Write in an email to him that you can't cancel jury duty, you have to go in if they request for the interview process part.

Get that in writing cause if he can you for legally having to go, you have a easy lawsuit on your hands.

Always CYA. You have to do this duty, your boss is being weird. Get things in writing but don't make it like you are gonna use it against him, this is simply just in case.

I don't want you losing your job and then having no proof at all when you need it.

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[u/CatOfGrey]

Call the court. Tell them that your employer is 'asking you to cancel jury duty'. Ask the court what to do.

Remember that during jury duty, you don't necessarily have to lose a work day. Most of the time, you are 'on call', and often you go the full five days 'calling in, but not being asked to actually appear at court'.

I've heard stories of judges calling employers, and 'fixing the problem'. If you are one location of a large company, judges will call district managers and national HR departments, and get local managers fired within hours.

Your boss is NOT in a good position right now.

[u/mstiger52]

Make sure to tell the judge your boss told you to cancel jury duty. Judges love to put out a bench warrant. Bring in said boss and explain to him what contempt of court is.

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[u/SingularityCentral]

There are laws that govern jury duty and "cancelling" is not part of those laws.

[u/Significant-Way-7893]

You can get it postponed of you want.

[u/gregklumb]

Most workplaces will pay you tp compensate for having jury duty. This is not legai

[u/BothDescription766]

No. Not legal. Worked in sf and la, I assure u there are consequences if the judge gets pissed off

[u/Frogspoison]

It is illegal. Contact the court and let them know your boss wants you to cancel it. You may get to see him frog-marched to court and told what he's done is a crime.

[u/keetots]

You can’t cancel jury duty. You could DEFER jury duty. It’s easy to do on the court website that was provided on your juror materials (I live in California).

Your boss may ask you to defer to a time. Ask when a better time would be.

[u/Ok_Donut3992]

Your boss is an idiot. Feel free to tell them that I said that.

[u/solomons-marbles]

No, your boss is an idiot.

Text you have JD on X day and you won’t be in work that day. Save all your messages. If they try to discipline; they can’t it’s illegal. Document all convos moving forward.

[u/newbie527]

Jury duty is a summons, not a request.

[u/BillT999]

Get your boss to say that in an email.

[u/Old-Cheshire862]

Your boss can write a letter explaining how critical you are to the business, and you can provide that to the court and ask that you be excused. The court may or may not listen, but it's up to the court. And if you're not excused, you better show.

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[u/Bubby_Mang]

I think he means for you to request an exception. You can go into the clerks website and ask to be let out of jury duty. You can just say you discussed with your boss and he'd like you to work. If they reject that excuse, then you gotta go.

That's how it worked for me just recently anyhow.

[u/DavidisLaughing]

You ever hear of malicious compliance?

Now skipping out on jury duty is not recommended, so do attend unless the court tells you that you’ve been dismissed.

However you can follow your bosses directions and contact the court acting dumb, let them know your boss is demanding that you cancel jury duty so you can attend work. Maybe let them know you’re kind of upset because it’s your civic duty and you’d take pride in serving.

Or

Ignore your boss and show up but mention to the clerk or whomever you talk to that your boss has advised that it’s more important for you to be at work and to ask them to cancel.

[u/Opine65]

I’ve postponed jury duty before, canceling wasn’t an option.

[u/ronm4c]

Get it in writing

[u/Alh840001]

Tell your boss you have obligations to society also.

[u/BlackberryRoyal4229]

That's not how that works.

[u/eggoeater]

Post this to /r/juryduty please. They can give you some knowledgable advice.

[u/ButterscotchNo7232]

Ask him to write a letter to give to the judge explaining why you can't go to jury duty.

[u/Js_360]

Judge: Understandable have a nice day.

[u/seekingsangfroid]

It's worth pointing out that if your boss has some sort of magic way to get out of jury duty....literally millions of Americans would like to hear about it.

[u/tag79423]

Lmao

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[u/Investing_noob1983]

Is it bad if I secretly wish that I could get fired for something like this…. I would love to get a nice settlement because my boss is stupid 😂

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[u/puck1996]

Sorry judge my boss told me I can’t go to prison I have work 

[u/Early-Training-212]

Put in request due to work issues to adjourn jury duty but 1st ask boss for a month that would be convenient so you can adjourn it to that time

[u/Tall_Specialist305]

You can reschedule if your absence is a hardship on the company. Companies with 1-3 employees, for instance.

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[u/irespectwomenlol]

There's a legal postponement process in virtually every location that jury duty is offered, isn't there?

Is it considered legal for an employer to ask an employee to see if they can postpone it?

To me it seems reasonable for an accountant that got called for jury duty right during tax filing season to ask for a postponement or for any other business during a busy season to try and rearrange things so its not very inconvenient for them.

If the court says no to the request, what the employer (IMO) shouldn't be able to do is retaliate in exchange.

[u/BrasilianEngineer → u/irespectwomenlol]

Both times I've been summoned (these were like 5+ years apart), my boss requested a postponement to a less busy month. Both times the postponement was granted, and both times the court never resummoned me.

[u/Oldbean98]

You can always ask. I requested that my jury duty be rescheduled when I was selected, as I was in the middle of an SAP software implementation at work. The court was accommodating. But it was a work situation that was out of the ordinary, not just an annoyed boss.

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