What Part Of “Obligated Under Federal Law” Confuses You?
Back in the 2010s, I worked my first job as a server at a local restaurant. Around late 2017 or so, I received a jury duty summons in the mail. I’d never served jury duty before, but I did know what was involved (my husband has served a few times) and that I was required by law to serve. I showed the restaurant’s owner the jury duty summons. She studied it for a moment and then handed it back to me.
Owner: “No. Absolutely not. We are going to be very busy that week, and we’ll need you. You are not going to use this as an excuse to get out of the holiday season. If you do not show up for work, it will count as a no-call-no-show, which is grounds for instant termination. Understand?”
Me: “You can’t fire me for going on jury duty.”
Owner: “California is an at-will state. I can fire you for any reason I want.”
Me: “No, jury duty is protected under federal law, and—”
Owner: “Shut up. ‘At-will’ means I can fire you for any. Reason. Bottom line. You do not have my permission to go to your jury duty. You will be here, or you will not have a job. That is final!”
She then stormed off.
At the jury selection a few days later (which THANKFULLY was on my day off), the judge asked me if there was anything that I believed would disqualify me from serving.
Me: “My boss told me that she wanted me to work that week and that if I didn’t show up, I’d be fired. Other than that, Your Honor, I have no problems serving. I know my obligations and rights as my husband has served before.”
The judge stared at me for a moment and then told me to meet him in his chambers.
Judge: “Would you mind giving me the phone number for your workplace? I will handle this myself.”
I gave him the restaurant’s number, which he called.
Judge: “Is this [Owner]? Hi, this is [Judge] at [Courthouse], and I need to talk to you about jury duty.” *Pauses* “Yes, this is about Mrs. [My Name].” *Pauses* “You have no say or choice in the matter. She is obligated under federal law to serve for jury duty.” *Pauses* “Mrs. [My Name] doesn’t need your permission. She’s obligated under federal law.” *Pauses* “No, you cannot fire her for that.” *Pauses* “NO. You. Cannot. Fire. Her. For. That.” *Pauses* “No. At-will employment does not cover that. Jury duty is protected under federal law, and you will not— NO. STOP. RIGHT NOW. Do not say another word unless I say so, or I will hold you in contempt and put a warrant out for your immediate arrest. Am I understood?”
[Owner] screamed the next sentence loudly enough that I could clearly hear it even though the phone was not on speaker.
Owner: “TELL THAT WORTHLESS B**** SHE’S FIRED!” *Click*
The judge rolled his eyes and assured me that the situation would be dealt with. Soon after, [Owner] was brought to the courthouse in handcuffs and was brought before the bench. The judge spent a good thirty minutes chewing her out over jury duty laws in a voice that would have made even a drill sergeant wince in fear. [Owner] finally realized how badly she had f***ed up, and she apologized and reinstated me with back pay. The judge, in return, decided to drop the contempt of court charges against her.
All I can say is that [Owner] got off EXTREMELY lucky that day. Any other judge wouldn’t have been as generous or patient as [Judge] was, especially with her last line on that phone call.
I left that restaurant for a better-paying office job about a month after I completed my jury duty services anyway because I knew [Owner] would eventually find some dumb excuse to fire me. I’m still working at my new job to this day, while [Restaurant] permanently shut down for separate reasons about a year into the global health crisis.