Filled out wrong info on juror questionnaire

[Wc8587]

What is the name of your state (only U.S. law)? New York

Hey guys! So I did my scheduled jury duty today. Went off without a hitch and I'm done for the next 6 years with just one small hiccup. On the questionnaire, I thought my company does not pay me for jury so I checked no, and I also asked a friend and she said no as well and checked Kronos with it saying 0 hours today and was just a vacation day off. Upon getting home, I second guessed myself and went to my work to ask a manager and they said that we do get paid. How should I proceed about this now? Should I call the clerk and explain tomorrow? Don't want to get in trouble for perjury over a stupid mistake I made.

 

[quincy]

What is the name of your state (only U.S. law)? New York

Hey guys! So I did my scheduled jury duty today. Went off without a hitch and I'm done for the next 6 years with just one small hiccup. On the questionnaire, I thought my company does not pay me for jury so I checked no, and I also asked a friend and she said no as well and checked Kronos with it saying 0 hours today and was just a vacation day off. Upon getting home, I second guessed myself and went to my work to ask a manager and they said that we do get paid. How should I proceed about this now? Should I call the clerk and explain tomorrow? Don't want to get in trouble for perjury over a stupid mistake I made.

Sure. Just call the clerk tomorrow and explain your error. But verify what your manager said before calling the clerk.

 

[Wc8587]

Ok will do. I know they repeatedly told us that once it's submitted it can't be changed but I'm hoping to at least clear it up. I didn't ask a manager, I read the employee handbook. It did say people in NY, even part-timers, get up to 8 hours for jury selection and trial. That's how I found out.

 

[quincy]

Yeah I did verify it. I also looked at my employee handbook and it did say workers in NY, even part-timers, get up to 8 hours of pay during the selection/trial. I wa very upset at my friend haha. I know the person at the jury room repeatedly said that once submitted the answers can't be changed but I'm hoping to at least clear it up.

Mistakes happen. You should be able to get it cleared up without an issue.

Employers in New York that have less than 10 employees can withhold an employee's full wages while the employee is serving on the jury but employers in New that have more than 10 employees must pay at a minimum the first $40 of an employee's daily wage for the first three days of jury service.

If not paid the $40 by the employer, the court pays $40 per day to the juror, plus a travel fee.

Here is a link with a chart showing who pays the juror fee: http://www.nyjuror.gov/pdfs/whopaysjuryfee.pdf

I think that the chart alone should be reason enough for the clerk to excuse your mistake.

And here, just because, is a link to your state's Attorney General with "Labor Law Obligations to Employees" (this has a section on jury duty, too): http://www.ag.ny.gov/labor/labor-law-obligations-employees#jury_duty

 

[Wc8587]

Thanks for the prompt response. I sent you a PM, but just for others if they can chime in as well. So I don't think I'm getting paid today. The reason being as soon as I got my summons early last month, I told my manager so I can take off for it today. I work retail and we get scheduled usually 2 week in advance. So if I told them and they didn't schedule me for today, I can't get paid as I'm scheduled to work? So if I was to be a juror for a trial that lasts 8-10 weeks long, I cannot just spring it on them the day before the trial begins. I would have to let them know as soon as I know. Since the wouldn't have me on schedule for those 8-10 weeks and no schedule=no pay, so technically is my answer correct as my employer won't be paying me for those weeks spent in trial?

 

[quincy]

Thanks for the prompt response. I sent you a PM, but just for others if they can chime in as well. So I don't think I'm getting paid today. The reason being as soon as I got my summons early last month, I told my manager so I can take off for it today. I work retail and we get scheduled usually 2 week in advance. So if I told them and they didn't schedule me for today, I can't get paid as I'm scheduled to work? So if I was to be a juror for a trial that lasts 8-10 weeks long, I cannot just spring it on them the day before the trial begins. I would have to let them know as soon as I know. Since the wouldn't have me on schedule for those 8-10 weeks and no schedule=no pay, so technically is my answer correct as my employer won't be paying me for those weeks spent in trial?

I received your private message, Wc8587. It is my policy not to answer questions by private message so I am glad you posted the same question here.

If you are not scheduled to work during the time you are scheduled to be serving as a juror, the State will pay you the $40/day (plus a small amount for transportation). The minimum you are due for every day you serve is $40 and it will be either your employer paying you for your regularly-scheduled time at work, or it will be the State paying you for the days you are not scheduled to work.

That said, I suggest you speak to the court clerk tomorrow and explain your work schedule. The clerk will be able to tell you how for the purposes of jury duty you should be filling out the payment form. You want to have it filled out correctly so that you will get paid for your time and your employer will want it filled out correctly so he is not at risk of being charged with criminal contempt.

 

[Wc8587]

Will do, thanks quincy. I'll call the county clerk tomorrow and let them know I made a mistake and tell them the situation and see what their advice is. I don't think they'll change my answer but at least they can have a note somewhere I made a mistake and cleared it up?

 

[quincy]

Will do, thanks quincy. I'll call the county clerk tomorrow and let them know I made a mistake and tell them the situation and see what their advice is. I don't think they'll change my answer but at least they can have a note somewhere I made a mistake and cleared it up?

I think calling the clerk is probably smart. I am sure the clerk gets a lot of calls from jurors who are confused about the pay.

Before calling the clerk, you might want to read through the part of the Trial Juror's Handbook on Payment of Jurors (start on page 5). You might also want to speak again to your employer to verify that your employer will be paying you for your time in court. As a note: your employer cannot make you use your vacation days for time spent as a juror.

Here is a link to the Trial Juror's Handbook: http://www.nyjuror.gov/pdfs/hb_petit.pdf

 

[Wc8587]

Will do quincy. I was reading through the book and came across this part "Part-time employees who do not miss work due to jury service are paid the jury fee by the State." If I told my employer ahead of time and they do not schedule me for the week to work, am I considered missing work? I know, gray area that will be better explained by either my manager or the county clerk haha.

 

[Wc8587]

So quick update. I called the county clerk this morning after I confirmed with my manager that do we get paid for jury duty but only if it coincided on a day I was scheduled to work. The county clerk told me to call jury and jury then told me to come in and speak to the jury warden since I was already sworn in. Sounds serious. I'm fearful there might be trouble my way now

 

[Zigner]

I really don't see the problem...you weren't schedule to work, so your employer doesn't pay you for jury duty...

 

[quincy]

So quick update. I called the county clerk this morning after I confirmed with my manager that do we get paid for jury duty but only if it coincided on a day I was scheduled to work. The county clerk told me to call jury and jury then told me to come in and speak to the jury warden since I was already sworn in. Sounds serious. I'm fearful there might be trouble my way now

I agree that your work schedule makes the answer on who pays not quite as clear-cut as some work situations are, which is probably why you were asked to come in.

Employers cannot evade paying employees by playing with employees' work or vacation schedules, which is why I mentioned earlier that your employer will want you to fill out the paperwork properly so he is not found in contempt. Double-checking with the jury warden doesn't hurt and will ensure that all is done as it should be done.

You are not in trouble for wanting clarification.

 

[Wc8587]

Hey Quincy! Just wanted to let you know it got sorted out. I went back to the jury supervisor and told her the situation. She said on my thing I did fill it incorrectly but because I wrote I wasn't working this week along with my employer having more than 10 employees, it's clarified through that and the courts would be paying me. Phew worried for no reason.

 

[quincy]

Hey Quincy! Just wanted to let you know it got sorted out. I went back to the jury supervisor and told her the situation. She said on my thing I did fill it incorrectly but because I wrote I wasn't working this week along with my employer having more than 10 employees, it's clarified through that and the courts would be paying me. Phew worried for no reason.

That is good to hear, Wc8587.