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Old 08-29-2012, 11:16 PM
 
Location: NJ
18,665 posts, read 19,970,287 times
Reputation: 7315

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Quote:
Originally Posted by uncalifornian girl View Post
How about some tips for getting out of it? Tips for dealing with my boss? Otherwise I'd rather not hear it.
Start by (1) admitting to her you messed up royally not telling her sooner.
(2) Work nights, weekends, whatever to get the job done while on jd during the day
(3) Demonstrate via actions, attitude, the whole package, that you are willing to do anything it takes to restore your boss' trust in you.

It will be hard. Assuming one cannot be fired even for last minute notice, you still must get by the hurdle of a different reason being used when your colleague returns. I'd bet the attorney on the thread would agree with my assumption connecting the event of jd with it would be an onerous task.


That is why you must start Thursday, at night if need be, doing all in your power to reduce any disruption to your employer.
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Old 08-29-2012, 11:20 PM
 
7,237 posts, read 12,742,631 times
Reputation: 5669
Quote:
Originally Posted by markg91359 View Post
As an attorney, I can state that in normal circumstances it would be wrongful termination for an employer to dismiss an employee because that employee was required to report for jury duty and/or serve on a jury.

However, the question here is what are the employee's responsibilities upon getting notice of jury duty? The employee would seem by any reasonable standard to give the employer as much notice as he/she could. Employers certainly are entitled to try to make reasonable arrangements for such situations.

I would analogize a situation like this to a situation where an employee is going to the hospital for a medical procedure that is not an emergency, but is simply a response to a health problem that is slow in developing. The employee is entitled to use his/her sick leave for this purpose. Anyone, though, would understand why the employer should be given plenty of advance notice of what the employee is doing.

The problem here is that in an ideal world, both an employee and employer would get together and try to work through these kinds of situations. Cooperation is both contemplated and expected. I wonder why you didn't immediately share this information with your employer?
Thanks mark.

It's nice to get a non-biased opinion from someone who's an Attorney/Lawyer in this forum.

It was my understanding as well that it would be illegal to retaliate against an employee because of jury duty (since it is required for all US citizens by the government). On the other hand, I imagine the employer has a contract the employee signed that requires notice for things like this in a certain amount of time. In that case I would assume it's grounds for some type of punishment.

But it's just another lesson learned.
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Old 08-29-2012, 11:27 PM
 
Location: somewhere
181 posts, read 506,048 times
Reputation: 190
Thanks bobtn, 313 weather. Yes, I have already reassured my boss I will do whatever it takes to meet the deadlines. Hopefully that will be enough. It's hard not to resent this though.
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Old 08-29-2012, 11:27 PM
 
7,237 posts, read 12,742,631 times
Reputation: 5669
Quote:
Originally Posted by uncalifornian girl View Post
I didn't immediately share it because the work environment is THAT HOSTILE. And frankly, I have never in my life been called before, so I didn't realize waiting a few days would be such a dire mistake. I have only really known since this Monday (three days ago). Also, please take into account that I am extremely overworked at my job as it is, as I mentioned they have failed to get me any help during my colleague's absence. Maybe irrelevant, but it helps to explain my failure to report this sooner. There is NO TIME during the work day for crap like this.

No, you're right, I have zero civic pride, or whatever you want to call it. Hardworking employed people should not be called for this. I'm not racist either. But this is kind of ridiculous....regardless of how I feel, why would they want me on this jury? I am not the relevant demographic.

Anyway.....I am not posting this for the joy of getting slammed by you all. How about some tips for getting out of it? Tips for dealing with my boss? Otherwise I'd rather not hear it.
uncalifornian girl,

bobtn gave you some good suggestions.

If you received the notice Monday and you weren't able to get in touch with your boss until today, I understand that's technically not your fault. But the fact of the matter is the employer unfortunately holds all of the cards in this economy. As hard of a worker I'm sure you are, your employer is well aware that they can replace you with someone who works just as hard as you with the same qualifications immediately.

I would also suggest, if the environment is as toxic as you claim, that if you have any spare time that you use it to search for work elsewhere. The last thing you want to do is work in an environment where you're miserable.
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Old 08-29-2012, 11:53 PM
 
18,725 posts, read 33,390,141 times
Reputation: 37301
[quote=uncalifornian girl;25869793] I have zero civic pride, or whatever you want to call it. Hardworking employed people should not be called for this. I'm not racist either. But this is kind of ridiculous....regardless of how I feel, why would they want me on this jury? I am not the relevant demographic.

Good heavens. Do you think juries of "peers" means that a court in an Asian neighborhood should have a jury of all Asians? Should they be native-born or foreign-born?
I have jury duty Nov. 16 and put in my schedule at my job six weeks in advance. Not sure what "relevant demographic" I might present, but a "jury of peers" certainly doesn't mean identical in age, ethnic background, income or whatever.

I do think that all would be better off without this person on a jury, since he/she clearly doesn't have a clue about being a citizen. Hey, if you're being picked, just say something like, "I slept with the defendant" or "I hate Asians" and they'll send you home. Really.
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Old 08-29-2012, 11:57 PM
 
Location: somewhere
181 posts, read 506,048 times
Reputation: 190
Quote:
Originally Posted by 313Weather View Post
As hard of a worker I'm sure you are, your employer is well aware that they can replace you with someone who works just as hard as you with the same qualifications immediately.

I would also suggest, if the environment is as toxic as you claim, that if you have any spare time that you use it to search for work elsewhere. The last thing you want to do is work in an environment where you're miserable.

I think I am somewhat lucky in that the work I do is pretty specialized. I'm not sure who else they could get, not at a moment's notice anyway.

But yes, it is a bad work environment, possibly the worst I've experienced, and this has just made me feel it even more. I am already making plans to get out. That's why I am on CD. New job, and new city, very soon, fingers crossed.
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Old 08-30-2012, 12:04 AM
 
Location: somewhere
181 posts, read 506,048 times
Reputation: 190
[quote=brightdoglover;25870090]
Quote:
Originally Posted by uncalifornian girl View Post

Good heavens. Do you think juries of "peers" means that a court in an Asian neighborhood should have a jury of all Asians? Should they be native-born or foreign-born?
I have jury duty Nov. 16 and put in my schedule at my job six weeks in advance. Not sure what "relevant demographic" I might present, but a "jury of peers" certainly doesn't mean identical in age, ethnic background, income or whatever.

I do think that all would be better off without this person on a jury, since he/she clearly doesn't have a clue about being a citizen. Hey, if you're being picked, just say something like, "I slept with the defendant" or "I hate Asians" and they'll send you home. Really.
I was not informed of this six weeks in advance! How is that you were???

Look, I don't know where you are from, but L.A. has some really bad neighborhoods. It doesn't seem fair to be "court ordered" to go to one of them to support my "peers" all the while praying I am not shot. Ok, I'm exaggerating, a little. But you get my drift. Anyway, I am just a stupid white chick. They don't want my opinion. I don't vote either. (Go ahead and tear me a new one). I don't participate in anything political. My choice. Until now.
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Old 08-30-2012, 12:17 AM
 
24,488 posts, read 41,141,698 times
Reputation: 12920
Quote:
Originally Posted by uncalifornian girl View Post

I was not informed of this six weeks in advance! How is that you were???

Look, I don't know where you are from, but L.A. has some really bad neighborhoods. It doesn't seem fair to be "court ordered" to go to one of them to support my "peers" all the while praying I am not shot. Ok, I'm exaggerating, a little. But you get my drift. Anyway, I am just a stupid white chick. They don't want my opinion. I don't vote either. (Go ahead and tear me a new one). I don't participate in anything political. My choice. Until now.
I have jury duty on September 7th. I was informed about 1 month ahead. I weighed my options and say on it for 2 days before informing those who I work with. I live in West Windsor, NJ (the 15th most affluent town in the nation).... but I have to travel to downtown Trenton, NJ.... which is drug and crime infested. I chose this when I decided to live in my county. Similarly, you chose where you live. It's fair because you had this information available to you upfront before you decided to live where you live.

You know what they say... by not voting for the opposition, you voted for the current rule. So by not voting, you technically voted for your current mayor, governor and the president. There's nothing wrong with that and I'm not planning on ripping you a new one... but you did passively participate in the system in which you live.

Hopefully you'll get to keep your job long enough to find something better. Staying in a hostile work environment doesn't sound like a good idea.
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Old 08-30-2012, 12:37 AM
 
Location: Free From The Oppressive State
30,253 posts, read 23,737,137 times
Reputation: 38634
Quote:
Originally Posted by uncalifornian girl View Post
I didn't immediately share it because the work environment is THAT HOSTILE. And frankly, I have never in my life been called before, so I didn't realize waiting a few days would be such a dire mistake. I have only really known since this Monday (three days ago). Also, please take into account that I am extremely overworked at my job as it is, as I mentioned they have failed to get me any help during my colleague's absence. Maybe irrelevant, but it helps to explain my failure to report this sooner. There is NO TIME during the work day for crap like this.

No, you're right, I have zero civic pride, or whatever you want to call it. Hardworking employed people should not be called for this. I'm not racist either. But this is kind of ridiculous....regardless of how I feel, why would they want me on this jury? I am not the relevant demographic.

Anyway.....I am not posting this for the joy of getting slammed by you all. How about some tips for getting out of it? Tips for dealing with my boss? Otherwise I'd rather not hear it.
One of the great things about this country is that we are all entitled to a fair trial by a jury of our peers. We are not convicted and sentenced just because someone thinks we are guilty.

There is NO WAY I would ever offer any "advice" on how to get out of it. Regardless, you, nor anyone else here, is more clever than the judge. He/she has seen and heard it all. You do something stupid trying to get out of it, you could be held in contempt. Just do the damn duty. Good God, people in other countries would LOVE to have this process...and all people in this country do is whine about it.

As for "only knowing a few days", BS. I have been called for jury duty 4 times. You get WAY MORE than, "a few days", and your boss knows that, too.
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Old 08-30-2012, 04:32 AM
 
Location: Vallejo
21,876 posts, read 25,146,349 times
Reputation: 19075
Quote:
Originally Posted by uncalifornian girl View Post
I didn't immediately share it because the work environment is THAT HOSTILE. And frankly, I have never in my life been called before, so I didn't realize waiting a few days would be such a dire mistake. I have only really known since this Monday (three days ago). Also, please take into account that I am extremely overworked at my job as it is, as I mentioned they have failed to get me any help during my colleague's absence. Maybe irrelevant, but it helps to explain my failure to report this sooner. There is NO TIME during the work day for crap like this.

No, you're right, I have zero civic pride, or whatever you want to call it. Hardworking employed people should not be called for this. I'm not racist either. But this is kind of ridiculous....regardless of how I feel, why would they want me on this jury? I am not the relevant demographic.

Anyway.....I am not posting this for the joy of getting slammed by you all. How about some tips for getting out of it? Tips for dealing with my boss? Otherwise I'd rather not hear it.
Hi Boss Lady, I've been selected for possible jury duty starting the week of October 1. I am to call in after 4:00 p.m. the day prior to see if I am needed. I will let you know as soon as possible if I am required to serve and what time frame to expect.

Interesting how your excuses on this forum took longer than that.
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