Fired for Jury Duty or Subpoenas: Public Policy Wrongful Termination in Michigan

Protecting Civic Duty: The Public Policy Exception

While Michigan is an 'at-will' employment state, the courts fiercely protect employees who are fired for reasons that violate established public policy. One of the most firmly protected civic duties is participating in the justice system. Under Mich. Comp. Laws § 600.1348, an employer is explicitly prohibited from discharging, disciplining, or threatening to discharge an employee who is summoned for jury duty. Meanwhile, protections for subpoenaed witnesses stem from the public policy exception articulated in Suchodolski v. Michigan Consolidated Gas Co., 412 Mich. 692 (MI Supreme Court 1982) and the Crime Victim's Rights Act under Mich. Comp. Laws § 780.790. The justice system relies on everyday citizens to function; therefore, the law harshly punishes any business that tries to intimidate a worker into ignoring a court order.

Threats of Firing for Jury Duty Selection

If you receive a summons in the mail for jury duty, your employer cannot tell you to 'ignore it or you are fired.' Threatening to cut your hours, demote you, or force you to work beyond your customary quitting time on days you serve can be considered illegal under Mich. Comp. Laws § 600.1348. As long as you provide your employer with a copy of the jury summons promptly after receiving it, your job is legally protected for the duration of the selection process and the trial, even if the trial lasts for several weeks.

Terminated for Responding to a Court Subpoena

Similar to jury duty, if you are served with a subpoena demanding your testimony in a civil or criminal case, you are legally obligated to appear. Some employers try to stop employees from testifying, especially if the employee is subpoenaed to testify against the company itself in a discrimination or personal injury lawsuit. Firing an employee for complying with a lawful subpoena is a blatant violation of Michigan's public policy under Suchodolski v. Michigan Consolidated Gas Co., 412 Mich. 692 (MI Supreme Court 1982). If this happens, you have strong grounds to sue for wrongful termination and claim retaliation.

Mandatory Witness Appearances in Criminal Cases

In criminal proceedings, the Crime Victim's Rights Act under Mich. Comp. Laws § 780.790 also provides protections. If you are the victim of a crime, or a critical witness, and the prosecutor requires you to attend a court hearing, your employer cannot punish you for missing your shift. However, it is your responsibility to communicate with your manager and provide documentation from the court or the prosecutor's office proving that your presence was mandatory.

Step-by-Step Process in Michigan

If your boss fires you or threatens you over jury duty or a subpoena in cities like Flint, Ann Arbor, or Pontiac, here is how you take legal action.

Step 1: Provide Notice Immediately. As soon as you receive the court document, give a copy to HR or your manager. Send it via email or text so you have a timestamped record that you informed them in advance.

Step 2: Request Written Explanations. If you are fired shortly after showing them the summons, ask for your termination reason in writing. Often, employers will invent a sudden 'performance issue.'

Step 3: Hire an Employment Lawyer. Because public policy violations are complex civil matters, it is highly recommended to find a local attorney in our US Lawyers directory to help you build a retaliation case.

Step 4: File a Lawsuit in Circuit Court. Your attorney will file a civil complaint for wrongful termination against your former employer at the local court, such as the Oakland County Circuit Court, Pontiac or the Ingham County Circuit Court, Lansing. The judge will review the timeline of your termination compared to your jury service dates.

How Much Does it Cost in Michigan?

How Long Does the Process Take?

Because firing someone over jury duty is a direct violation of a specific Michigan statute, many employers will seek to settle these cases quickly to avoid negative press and severe penalties. A settlement can often be reached in 3 to 6 months. However, if the employer denies the allegations and forces a trial, civil litigation can take 12 to 18 months to conclude.

Frequently Asked Questions (FAQ)