EmploymentQuestion 1071 of 1632

An employee is summoned for jury duty and gives reasonable notice. Under Labor Code §230, the employer:

a.May dock future vacation as a punishment
b.May refuse to allow the leave altogether
c.May fire the employee for missing work
d.May not discharge or retaliate for it

Explanation

Labor Code §230(b) forbids discharging or in any way discriminating against an employee for taking time off to serve on a jury, provided reasonable notice is given, and §230(e) allows reinstatement and lost wages for a violation. (a) is the subtler version of the same violation - a retaliatory reduction in benefits is discrimination under §230(b) even though the employee kept the job - which is why it is the answer an employer trying to be clever lands on. (b) treats the summons as negotiable with the employer rather than with the court. (c) is the plain violation. The time off is unpaid for most private employers; §230(c) extends comparable protection to crime victims and witnesses attending proceedings.

Law Reference: Labor Code §230(a), (b), (e); §230(c)

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