Bakersfield, CA asked in Employment Discrimination and Employment Law for California

Q: I will be submitting my two week notice to my employer however, I’m currently serving as a juror for jury duty.

Can my employer choose to terminate/release me due to jury duty?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Your employer may not retaliate against you for serving jury duty. However there is no law that prohibits an employer from terminating your for other reasons while you are jury duty. There is also nothing unlawful about terminating you right away when you give two weeks notice.

Good luck to you.

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: IMO your plan is a bad one. First, you are not required to give a 2 week notice under the law. Next, if you give a 2 week notice, you are not in a "safe harbor" and your employer can terminate you right away. Third, if you are on jury duty and your employer is continuing to pay your wages, and you get fired, that payment stops and the employer is not obligated to keep you. Finally, by giving notice you give your employer a valid excuse to terminate you immediately and circumvent the prohibition of not firing you because you have jury duty. Have you ever heard the adage "Don't change horses in the middle of the stream?" Well, that is you.

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