Wrongfully Dismissed

The right to a trial by a jury of one’s peers is a fundamental pillar of our legal system. This is why many states have laws in place that protect workers from employer retaliation when they are summoned to serve on a jury. As a result, it’s nearly impossible for an employee to be wrongfully dismissed for attending jury duty. If your boss ever tries to do this, you need to call an employment lawyer to discuss what options you may have.

As a general rule, an employee can’t be fired if they receive a jury summons, respond to it, and attend court for prospective jury service. However, this law does not prevent employers from attempting to interfere with an employee’s jury duty in other ways. That’s why it’s important to speak with an experienced wrongful dismissal Toronto attorney about your situation as soon as possible after you receive a jury summons.

A recent Ontario Superior Court decision put a stop to an employer’s attempt to financially bully a former employee into dropping their wrongful dismissal claim. The case, Giacomodonato v. PearTree Securities Inc., involves a former executive of a financial firm who was dismissed without cause in 2018, and the judge’s decision sends a strong message to any employers seeking to use coercive tactics to get employees to drop their claims.

Can an Employee Be Wrongfully Dismissed For Attending Jury Duty?

In this case, the employer tried to bully the plaintiff into dropping his wrongful dismissal toronto by telling him that it would cost him tens of thousands of dollars to pursue his lawsuit. The court rejected this argument and ordered the employer to pay the plaintiff’s legal costs. The case is a significant victory for the plaintiff and an important one for all Canadian employees.

The law is clear: Employees who are summoned for jury duty are protected from workplace discrimination. The laws are also clear that an employee’s responsibilities with respect to their jury duty do not take precedence over any other work duties. Moreover, an employer cannot require the employee to use any paid leave or vacation days for jury duty.

It’s also important to note that an employer can’t ask a person to come in and report for work during their jury duty. If the person’s employer tries to do this, they are violating the law and the employee can sue for damages.

Lastly, if an employee has been summoned for jury duty and they are working a night shift or during hours in which a court is not in session, the employee must be excused from work for their first day of service. However, after an employee has served their eight hours of jury duty in a given day, they are deemed to have worked a full day’s worth of wages and must be compensated accordingly. In addition to the above, an employee who is wrongfully dismissed for complying with a jury summons can sue for statutory damages of one year’s salary or 52 weeks of wages based on a 40-hour week.