Jury Duty

[pingofthehill]

I received a Jury Duty summons and I asked the onsite HR representative whether or not my company pays while I server jury duty. I was told that the company will pay me. I dutifully arrived at court and was chosen for a 10 day case. I ended up serving 13 days altogether. After serving 10 days I was informed that I would only be paid for 5 days. When I returned to work I tried every means to not be docked 8 days of pay but was told that since the 5 day jury duty pay rule is in the employee handbook that I would only be paid for 5 days. I think this is unfair because had I known about the rule I could have been excused for the 10 day case under the financial hardship rule (NY - if serving jury duty will cause a financial hardship you can be excused from serving). In the end losing 8 days of pay will really hurt me because I have no savings or anything to pay my bills with. Please help if you can...Thank you for your time.

 

[Attorney_Replogle]

No one can help you. The employer notifed you in writing via the employee handbook. It is up to you to read and understand what is in there. Sorry.

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Mark B. Replogle

 

[pingofthehill]

Thank you sooo much for your time. I really appreciate it.

Just one more question...Doesn't it make a difference if I specifically asked HR for the company policy on jury duty pay? I had no specific recollection that the information was available in the handbook...If I ask HR for the company policy, shouldn't they be responsible for giving me the correct info? (Sorry, that's two questions...) Thanks again.

 

[Attorney_Replogle]

Well, it is hard to answer this since I wasn't there to hear the exact words used. From what you have written though, your HR person did correctly tell you what the handbook stated. You will be paid. He didn't contradict that handbook. For at the time of asking the HR person, you didn't ask if the company paid for a 10 or 20 or X day trial.

I doubt that an HR person or director can be responsible for telling you everything correctly. That is the purpose of the written document. It is intended to be read and utilized by the employees.

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Mark B. Replogle