How can this be legal?

[sweetcheekers]

I was recently summoned for jury duty. I am primarily a night shift worker with a few evening shifts here and there. My employer requires its employees to report for their shifts regardless of jury duty if not serving at the time of the employee's scheduled shift. So, if you work evenings or nights you are expected to report even if you've sat on a jury all day. I have to report next Monday morning at 9:00 after working 7pm on Sunday to 7:30 am on Monday (That's if I get out on time). Isn't that sweet? I work at least 12 hours and then get to go to jury duty. If picked to serve I could very well sit there all day long. I am also scheduled for a 3pm to 11pm shift on Tuesday, so according to our handbook when I finish jury duty I am to report to work. I would love to see what these people would do if I asked them to report for jury duty at say 2 am. You get no sympathy from your employer, either. They don't care if you sleep, as long as you come to work. I would think that sitting on a jury all day would count as a days work and that reporting for a shift at your job afterwards would be like working a double shift. Does anyone give a rat's &$# about patient safety? Sorry to rant, but I am so tired of people thinking that 3rd shift workers are not entitled to sleep.

[suzanne4, RN]

Talk to your human resource people, jury duty counts as a day of work. Or if you need to, the court.

You should not be expected to work a double shift those days, and since they are paying you for the hours on jury duty, they would legally need to pay you for the overtime. Are they planning to do that?

[sweetcheekers]

They don't plan to pay me for jury duty because it does not fall in the hours I am scheduled to work. It states clearly in our handbood from human resourced that if you are scheduled on evenings or nights and have served on jury duty during the day you are expected to report to work. So talking to HR is not going to help since this is their policy. I can't believe they are allowed to do that.

[SueBee RN-BSN]

That's great, a nurse caring for patients and giving medications, without sleep. Humm, I wonder how the patients would feel about this. This would not be good for your health either.

This is one, of many, good reasons for the general population to be made aware of what nurses really do. I guess hospitals think we all went to school for 2,3 or 4 years to learn how to fluff pillows, and clean bedpans.

The law states as the first responder to this thread stated.

[BittyBabyGrower, MSN, RN]

I would mention this to the bailiff. They may not want someone who has been up all night. Also, jury duty is usually until 5pm, so you can't work evenings (at least the jury I was on was until afternoon and if you are grand jury, you sit there a lllooonng time.

[tencat]

I don't think it is legal. If the court is paying you (or your employer) for your time, then that would count as working a double shift. I don't know how medical jobs work, but when I was a teacher the court paid an hourly wage to my school district and I was not required to make up the time.

[Blee O'Myacin, BSN, RN]

On the summons, there should be a place to state why reporting would be a hardship. The last time I was summoned, I had an exam in nursing school, and I was excused from jury duty. I would ask to be rescheduled - which is what I did, and I got excused.

If you can't reschedule, why not trade shifts with a coworker. I'd appeal to your manager by saying that it is a patient safety issue. Perhaps they can schedule you around the jury duty if you can't get out of it.

You can always tell the court that you are always biased against defendants -- or the prosecution (your choice) and nothing will convince you otherwise! That ought to get you excused quickly!

Good luck!

Blee

[LanaBanana]

I think you usually have to report to jury duty the first day and then explain to them why it is a hardship. If you tell them your employer is forcing you to continue working nights, this should send up a red flag to them.

[Gompers, BSN, RN]

I'd try to get it rescheduled using that hardship excuse.

If not...

Call in sick to work. If they don't have the common sense needed to understand that you can't go to jury duty AND work on the same day...then that's their problem. You do your legal duty and go to court, and call in sick to work. Screw 'em.

[BadBird, BSN, RN]

Bring your employee handbook so the judge can read it, probably would not believe you if he did not read it for himself. That is ridiclious! I too work nights and got summoned for Jury duty, I gave a copy of my summons to my employer. I will get paid but have to turn in the $9.00 /day the courts pay me to my employeer for my full salary.

[APP]

I used to work for the US courts, so this one I can answer. Write a "Yes-I-Know-it-is-and-honor-and-a-priveledge..." letter to the CLERK O COURT (NIT the bailiff) explaining your situation, and stating that, given your schedule and workload, you feel you could not adequately perform your job as a juror. If that does not work, go in to court. During voir-dire, they will ask if anyone has any reason they feel they cannot serve impartially. At that point, re-state your case. There's a good change you can get out of it or at least defer service.

[Daytonite, BSN, RN]

I think the court can help you out. Also, if you get picked for a jury I believe the judge can issue an order for the hospital to give you time off that must be followed or the hospital will be in contempt. Call the court tomorrow and tell them your dilemma and see what they can do to help you out.