North Carolina Jury Duty/ Court Appearance laws & HR compliance analysis

North Carolina Jury Duty/ Court Appearance: What you need to know

Jury duty. An employer may not discharge or demote an employee because the employee has been called for or is serving as a juror.
An employer that violates the law may be ordered to reinstate the employee and pay damages (NC Gen. Stat. Sec. 9-32). All employers are covered.
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Witness service. Discharging employees for appearing as witnesses could implicate an employer in wrongful discharge in violation of public policy theory.
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
Public employers. State employees, whether they are full-time, part-time, permanent, or probationary, are entitled to leave with pay and regular compensation, plus fees received for jury duty.
Employers may not require second-shift employees to report to work on the same day they reported for jury duty.
Employers may not require third-shift employees to work the night before a day in which they must report for jury duty (25 NCAC 1E.1001).
State employees are also entitled to leave with pay when subpoenaed or directed by proper authority to appear as witnesses. Any fees received shall be turned in to the employer unless the employee chooses to take vacation time instead of leave (25 NCAC 1E.1002).
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 ...

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