How can this be legal?

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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.

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.

who cleans bedpans? i just throw them out! :)

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Just because some idiot at your facility decided they could get away with it, that is not legal. Take the booklet to the judge and also send a copy to the Labor Board in your state, and I am sure that things will get changed quite rapidly.

Or, I hope that you are caring for the person that wrote that handbook that night..................

:angryfire :angryfire :angryfire :angryfire they deserve it.

And send a copy of it to your newspaper as well as television stations, I am sure that things can get changed and will get changed quite raqpidly. But it is quite sad when things need to come to this.

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Specializes in Rural Health.

Contact your state labor board and see. They are the ones that set the rules and regulations in your state and they also account for jury duty in there. Nursing (at least in most states) is not exempt from labor laws.

Good luck!!!

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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

Why would any nurse give the impression of begging their way out of abuse? Frankly, why would any nurse go through the trouble of involving coworkers in this? The law is the law, and enforcement must be demanded.

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Specializes in Ante-Intra-Postpartum, Post Gyne.

Maybe explaining your long 12 hour night shifts could make it hard for you to pay attention during the case would get you out of it all together. I would not want some one who was just working 12 hours all night on my case....I would want some one alert that can pay attention to what is going on, not some one who is normally asleep at this time...how is it any different than having some one work 12 hours on the day and then sit on a midnight court case...even though that does not happen....its like the same thing!

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I know how you feel. Where I work they think the night shift just sits around all night. They often call us at home around noon to ask us something stupid or to request we come to an imprompt to staff meeting at like 2pm. they think we don't need to sleep past 11am or something. Often I felt like calling them at home in the middle of the night and asking them something. But regarding the jury duty I would contact employment commsion to see what they say. Our unit Manger try to take all breaks at one time(like we have time for a 15min break) it was backed up by HR turned out not legal.

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Specializes in Geriatrics/Oncology/Psych/College Health.
Bring your employee handbook so the judge can read it, probably would not believe you if he did not read it for himself.

Agreed, or copy it with a copy of your work schedule and send it in with the questionnaire that usually accompanies jury duty summons.

The OP's HR is populated with idgits, but you already knew that ;). I'm sorry that they're not supportive. Makes you wonder about their policy on national guard/reservist duty.

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Specializes in ICU, CM, Geriatrics, Management.
... the Labor Board in your state...

This is the way to go. But don't just send them the booklet right away.

Call the Board and speak to an investigator, and explain your situation fully and objectively. Then follow through with whatever documentation they request.

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as medical personel you are considered "essential" and would automatically get excused from jury duty. You need to write a letter or call the court.

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Specializes in Trauma, Teaching.
as medical personel you are considered "essential" and would automatically get excused from jury duty. You need to write a letter or call the court.

Not true anymore. I was called for Federal duty: only active duty military, police or fire dept. are exempt. They specifically said health care personnel are no longer exempt, nor are mothers with young children etc., one woman showed up, said she was the sole caregiver for her elderly disabled mother, and could not get someone to care for her for that long. The judge said "so who is with her today?" and would not exempt her.

Very definitely the OP should show the handbook to the court clerk, my court clerk was very proactive in defending me from my boss saying I had to work a night shift after reporting for duty. Since I wasn't selected, the contract said I was supposed to come back and work: never mind I had to be in court 70 miles away at 8 AM, sit for 4-5 hours, then be excused. The clerk is the one to go to, she (he) has the judge's ear, and if the judge is told by the clerk to excuse someone, it is far more likely to happen.

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Go to your web site for you state government, and look at the law on jury duty and your employers. I know in my state, an employer MUST allow time off for jury duty. You can also call your labor board and ask them...this is NOT legal.:madface:

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