Legal Question in Employment Law in California

Re: Jury Duty

It is unlawful for an employer to discriminate, in any manner, including denial of a promotion, for taking time off to perform jury duty. If this was put into writing, I would say you have a very good case of discrimination.

You have 3 options: (1) Try to work out an acceptable settlement with the company, such as payment of back wages due you until you receive the promotion you should have had, (2) Sue them for actual damages suffered, or (3) File a comlaint with the California Labor Commissioner, not the Department of Fair Employment and Housing, which does not handle this type of claim. Such a complaint must be brought within one year of the date you were denied the promotion.

Re: Jury Duty

you need to talk to a labor lawyer who knows a little more about this than I do. I can tell you that it is absolutly illegal to fire someone because of jury service but i dont know if that rule extends to a promotion situation. I doubt it does but I am not sure.

Re: Jury Duty

you should call your local office of the State Fair Employment and Housing (FEHA) . . . if you have a case and your employer fits within their parameters, they will investigate it for you at no charge . . . if they eventually send you a letter saying you have a right to sue in court then you should do so promptly . . . there are real strict time limits within which you must act to preserve your rights both at the administrative (FEHA) level and in the court system . . .

or consult with an attorney near you . . . good luck . . . Patty Lewis