Delaware Jury Duty/ Court Appearance laws & HR compliance analysis

Delaware Jury Duty/ Court Appearance: What you need to know

Jury duty. An employer may not threaten or otherwise coerce or discharge an employee who has been called for prospective jury service or who serves as a juror.
Any employer that violates this section is guilty of criminal contempt and may be fined, imprisoned, or both.
An employer that discharges an employee because of jury service may be liable for lost wages and reasonable attorneys' fees and may be ordered to reinstate the employee (DE Code Tit. 10 Sec. 4515).
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Court appearance. An employer may not discharge or discipline a victim or a representative of the victim for participation at the prosecutor's request in preparation for a criminal justice proceeding, attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim, or attendance at a criminal justice proceeding in response to a subpoena (DE Code Tit. 11 Sec. 9409).
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
However, jurors receive per diem reimbursements from the court for travel, parking, and other out-of-pocket expenses. Employers may not consider these reimbursements to be pay (DE Code Tit. 10 Sec. 4514).
Best practices. Regardless of state law requirements, most employers do pay all employees called to jury duty or court appearances.
The prevailing attitude among employers is that an employee summoned to serve on a jury or to testify has a civic obligation and that it is the company's responsibility to support the fulfillment of that obligation. This is achieved by protecting the employee from loss of income and by making the necessary arrangements to cover for him or her during the ...

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