Fired for Jury Duty or Court Appearances in Arkansas: Your Legal Rights
Under Ark. Code Ann. § 16-31-106, it is illegal for an Arkansas employer to fire, penalize, or threaten you for attending jury duty. While subpoenaed witnesses receive protection under victim statutes and public-policy doctrines, jury service carries direct criminal misdemeanor penalties for noncompliant employers.
Serving on a jury is a fundamental civic obligation. Unfortunately, many employers in Rogers, Bentonville, and Pine Bluff care more about their daily production quotas than the justice system. If your boss threatened your job, cut your seniority, or outright fired you because you had to miss work for jury duty, they have broken a very strict state law. You do not have to accept this retaliation. If you were illegally terminated for fulfilling your civic duty, finding a tough employment lawyer through our USA Lawyers Directory can help you aggressively protect your rights.
Understanding Arkansas Code § 16-31-106
Arkansas law takes jury tampering and employment retaliation very seriously. Under Ark. Code Ann. § 16-31-106, any employer who penalizes an employee for serving as a juror faces severe legal consequences. The law prohibits an employer from discharging, threatening to discharge, or otherwise subjecting an employee to any adverse employment action because of their jury service, provided the employee gives reasonable notice to the employer upon receiving the summons.
Differences for Subpoenaed Witnesses vs. Jurors
The law treats jurors and witnesses under distinct legal frameworks. While Ark. Code Ann. § 16-31-106 exclusively shields jurors, separate protections exist for court witnesses. Crime victims and their representatives subpoenaed or requested to prepare for or attend criminal proceedings are protected from termination or discipline under Ark. Code Ann. § 16-90-1105. For non-victim witnesses subpoenaed in criminal trials, Arkansas recognizes a common-law public-policy exception to at-will employment preventing termination for obeying a lawful subpoena. In contrast, attending personal civil matters, such as a contested divorce, offers no statutory job protection unless covered by approved employer leave.
Statutory Penalties for Employers Who Violate the Law
An employer who fires someone for jury duty is not just facing a civil lawsuit; they are committing a crime. Under Arkansas law, an employer who violates Ark. Code Ann. § 16-31-106 is guilty of a Class A misdemeanor. If convicted, the business owner or HR manager could face up to one year in a local county jail under Ark. Code Ann. § 5-4-401(b)(1) and a criminal fine up to $2,500 under Ark. Code Ann. § 5-4-201(b)(1). While local prosecutors handle the criminal charge, this severe penalty gives your civil attorney massive leverage when demanding a financial settlement for your lost wages.
Step-by-Step: How to Recover Lost Wages if Terminated Illegally
If you return from the courthouse and find your desk cleared out, you must act strategically to build an airtight retaliation case.
Step 1: Gather Your Evidence
Never throw away your official jury summons or court subpoena. You will need proof of the exact dates you were mandated to be in court. Additionally, keep any emails or text messages from your boss complaining about your absence. If a manager texted, "If you go to jury duty tomorrow, don't bother coming back," screenshot it immediately. This is direct evidence of statutory retaliation.
Step 2: File a Civil Complaint
Because Ark. Code Ann. § 16-31-106 is a criminal penal statute without an express private cause of action, your attorney will file a civil complaint for wrongful discharge in violation of public policy in the local court, such as the Benton County Circuit Court, Bentonville. Under established Arkansas Supreme Court precedent in Sterling Drug, Inc. v. Oxford, 294 Ark. 239 (AR Supreme Court 1988), public-policy wrongful discharge sounds in contract, allowing you to recover lost back wages (minus interim earnings) and seek reinstatement, though punitive damages are not recoverable under this cause of action.
Cost to Pursue a Jury Duty Retaliation Claim
Because the law is so clearly stacked against the employer in these cases, most employment lawyers will take jury retaliation claims on a contingency fee basis. You will not have to write a check for hourly legal fees. The attorney will cover the initial court filing fees (approx. $165 in Arkansas under Ark. Code Ann. § 21-6-403(b)(1)) and will take a percentage of your final settlement (around 33% to 40%). Because employer liability is so high, many of these cases are settled quickly out of court.
Lawsuit Timelines
A blatant violation of jury duty protections can resolve much faster than a standard discrimination lawsuit. Once your lawyer sends a formal demand letter highlighting the potential criminal misdemeanor liability under Ark. Code Ann. § 16-31-106, many employers will panic and offer a settlement within 30 to 90 days. If the company is stubborn and forces litigation, the court process typically takes 9 to 15 months to reach a final trial. Furthermore, under Ark. Code Ann. § 16-56-105, a civil claim for wrongful discharge in violation of public policy is subject to a three-year statute of limitations.
Juror vs. Witness Protections in Arkansas
| Reason for Court Absence | Protected from Firing? | Legal Requirement for Employee |
|---|---|---|
| Official Jury Duty Summons | Yes (Ark. Code Ann. § 16-31-106) | Must give reasonable prior notice to boss |
| Subpoenaed Crime Victim or Witness | Yes (Ark. Code Ann. § 16-90-1105 / Public Policy) | Must provide copy of subpoena or notice if requested |
| Personal Civil Case (e.g., Divorce) | No, not protected by these statutes | Must use accrued PTO or negotiate leave |
Frequently Asked Questions (FAQ)
Does my employer have to pay me my regular salary while I am on jury duty?
No. Arkansas law strictly forbids them from firing you, but it does not require private employers to pay your normal wages while you are serving. You will only receive the nominal daily stipend provided by the court, unless your specific company policy offers paid jury leave.
Can my boss force me to use my vacation time for jury duty?
An employer cannot mandate that you exhaust your accrued vacation or sick leave (PTO) to attend jury duty. The time off must be granted without penalty, though it may be unpaid.
What if jury duty only lasts until noon? Do I have to go back to work?
Yes. If you are dismissed from the courthouse early in the day, you are generally expected to return to work for the remainder of your scheduled shift unless you have made other arrangements with your manager.
Can my boss call the judge to get me excused from service?
An employer cannot interfere with a summons. However, they can write a letter asking the court to postpone your service if your immediate absence would cause a massive, critical disruption to the business, though the final decision belongs strictly to the judge.
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