How can I get my job back if I was fired for serving on a jury in California?

In California, it is illegal for your employer to fire you for serving on a jury. You have legal options to seek reinstatement to your job and recover lost wages. Here are the steps you can take to get your job back: Step 1: Gather All Relevant Documents Collect everything related to your jury service and termination. This includes your official jury summons, any proof of jury service provided by the court, your termination letter or notice, recent pay stubs, and any emails or text messages with your employer about your jury duty. Step 2: File a Retaliation Complaint You must file a retaliation complaint with the California Labor Commissioner's Office (also known as the Division of Labor Standards Enforcement or DLSE). You have one year from the date you were fired to file this complaint. You can find the "Retaliation/Discrimination Complaint Form" on the DLSE website and file it at your local office. Step 3: Cooperate with the Investigation After you file, the Labor Commissioner's Office will investigate your claim. They may contact your employer, request documents, and schedule a conference or hearing. Respond promptly to any requests for information from the investigator assigned to your case. Step 4: Consider a Civil Lawsuit Alternatively, you can file a lawsuit in civil court for wrongful termination in violation of public policy. This legal claim is based on the fact that your employer violated the public policy protecting an employee's right to serve on a jury. The statute of limitations for this type of lawsuit is generally two years from the date of termination. Important details and nuances: Under California Labor Code Section 230, remedies for a violation include reinstatement to your former position, payment of lost wages, and other related damages. Proving that your jury service was the direct reason for your termination is the most critical part of your case. Clear documentation is essential. Warnings and limitations: Strict deadlines apply. If you miss the one-year deadline for a Labor Commissioner complaint or the two-year deadline for a civil lawsuit, you may lose your right to take legal action. The process can be complex, and choosing between filing with the Labor Commissioner and filing a lawsuit has different strategic advantages. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California employment attorney to discuss the best course of action for your specific case.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Employment Law

Worker rights, wages, and employment regulations

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