Jury Duty
This is a discussion on Jury Duty within the Other Labor Law Matters forum, part of the LABOR & EMPLOYMENT LAW category; Question: Can Federal Government works be demanded to change their jury duty date to another date to the Superior Court? ...
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#1 |
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Junior Member
Join Date: Nov 2006
Posts: 4
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Question:
Can Federal Government works be demanded to change their jury duty date to another date to the Superior Court? I know that you as a citizen can change the date at your will but can your federal employer demand the change from you? I also know that Federal laws come before State law. If so, site your law. |
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#2 |
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Guest
Posts: n/a
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What actually happened? it is not quite clear to us?
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#3 |
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Junior Member
Join Date: Nov 2006
Posts: 4
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I apologize for the confusion. I meant to say: Federal Government Workers.
My question is: Can your employer demand you to change the date of your jury duty since they know the court systems allow you a one time date change? My arguement is: Jury Duty is between me and the court not my employer and the court. How can they have empowerment over your civic duties? I believe they can ask to change it but not make you change. That is your right to serve on Jury Duty. I spoke with the Department Head for Jury folks about this and he could not find a law that would support what I am asking. He told me to ask a Labor Attorney. I read all the ARS codes that were available to me and they were very vague. According to my co-worker Federal Government Laws over rule State or City laws. |
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#4 |
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Junior Member
Join Date: Nov 2006
Posts: 4
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This is what I found on another site but they are not siting the laws that support their article.
Federal law. Employees have the right to take leaves of absence to serve as jurors in federal courts, under the Jury Systems Improvement Act, a federal law. Under this law, an employer can be sued for discharging or otherwise intimidating an employee because of that employee's jury service. You should note that this applies only to service as a juror in federal court; it does not apply to service as a juror in state or local court. I work for a Federal Government Agency, during the month of Sept I was requested to appear for Jury Duty (Superior Court). The month of Sept is our end of fiscal year. I work in the accounting part of this agency. We are not allowed to take any kind of leave during this period. My supervisor told me to change my date to serve jury duty. In Arizona we are allowed a one time change of date for whatever reason and she was aware of it and demanded me to change it. Here is the zinger question? Does my employer have the right to demand you to change the date no matter if you can change your date. Isn't it your God given right to decide to change your date and not your employer? Since I am a federal government worker does the ARS apply to me? My employer said that Federal government comes first before the ARS and therfore they can tell you to change it. |
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#5 |
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Guest
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Employers can request it for emergency work situations, critical service needs etc.--but you can refuse or even ask a court to intervene and decide if that employer need truly is so urgent. And if you change the date, you should inform the court why.
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#6 |
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Junior Member
Join Date: Nov 2006
Posts: 4
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When talking to the head of the jury duty area, I was informed that a job hardship only applies to small business. He was one of the members that wrote this policy. He stated that policy did not apply to government employees. So do you know which policy you are siting?
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#7 |
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Guest
Posts: n/a
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critical functions/ needs applies at all levels and to all businesses
have the clerk of the court give you their summary of the guidelines/rules |
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