By Evan Lange
No, a Texas employer cannot fire a permanent employee for serving on a jury or grand jury. Under Chapter 122 of the Texas Civil Practice and Remedies Code, an employee fired for jury service is entitled to reinstatement and damages of at least one year’s and up to five years’ compensation, and must sue within two years of the date of service. Texas does not require private employers to pay hourly employees for time spent on jury duty, but salaried exempt employees generally cannot have their pay docked for jury service in a week they also work, although the employer may offset the jury fees they receive.
Harris County summons thousands of residents for jury service every week. For many Houston workers, the summons brings an immediate worry: will my boss hold this against me? Texas law answers clearly, and the penalties for employers who punish jurors are some of the strongest in Texas employment law.
Section 122.001 of the Texas Civil Practice and Remedies Code says a private employer may not terminate a permanent employee because the employee serves as a juror or grand juror. If you’re fired in violation of the law:
An employer can defend itself only by proving the firing was for reasons other than jury service, or that its circumstances changed so much that reemployment was impossible or unreasonable.
If promised jury pay or salary was withheld, see our guide to unpaid wages and the Texas Payday Law.
If an employer claims a different reason for firing you right after jury service, the timing matters. Learn how to spot a pretext in our guide to termination for cause, and read about at-will employment in Texas.
No. Texas Civil Practice and Remedies Code Section 122.001 prohibits private employers from terminating a permanent employee because the employee serves as a juror or grand juror.
You may be entitled to reinstatement and damages of at least one year’s and up to five years’ compensation at the rate you earned when summoned.
Texas law does not require private employers to pay hourly employees for jury duty. Salaried exempt employees generally cannot have their salary reduced for jury duty in a week they work, but the employer may offset jury fees received.
A lawsuit for damages must be filed no later than the second anniversary of the date you served as a juror or grand juror.
Yes. The Texas protection covers both jury and grand jury service.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review what happened and whether you have a claim for reinstatement and damages, or another wrongful termination claim.
You answered the court’s call.
Your job should still be there when you’re done.
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