T.C.A 39-16-514: Dismissal of employee because of jury service.

Perhaps the most important right any criminal defendant has in most criminal cases is the right to have their guilt beyond a reasonable doubt decided by a group of their peers, which we call the right to a trial by jury. It makes sense, then, that the right to have a jury decide your case is accompanies by the right to serve on a jury and deliberate upon the guilt or innocence of others. Tennessee's legislature has demonstrated the public interest in allowing citizens of this state to serve on juries by making it a criminal offense for an employer to infringe upon that right by using the following language:

It is a Class A misdemeanor for any employer to dismiss from employment any employee because of jury service by that employee.

This statute presents both criminal and civil law issues of which Tennesseans should be aware.

From a civil law standpoint, a Tennessean can suffer substantial personal injury due to being dismissed from a job for serving on a jury, including lost wages, mental pain and suffering, and other types of damages that follow a loss of employment. This is especially true if the dismissed individual is the family's breadwinner.

On the criminal side, employers may be rightfully or wrongfully accused of this offense and will need to present a valid defense in criminal court in addition to defending any civil lawsuit that might arise out of the same set of circumstances. Whether your issues are civil or criminal, Tennesseans who experience a wrongful termination due to jury service or who are accused of wrongful termination for such conduct should seek experienced East Tennessee attorneys who can help them put on the best possible case.