78B-1-116 - Jurors -- Employer not to discharge or threaten employee for jury service -- Criminal penalty -- Civil action by employee.
78B-1-116. Jurors -- Employer not to discharge or threaten employee for juryservice -- Criminal penalty -- Civil action by employee.
(1) An employer may not deprive an employee of employment, threaten or take anyadverse employment action, or otherwise coerce the employee regarding employment because theemployee receives a summons, responds to it, serves as a juror, or a grand juror, or attends courtfor prospective jury or grand jury service.
(2) An employee may not be required or requested to use annual, vacation, or sick leavefor time spent responding to a summons for jury duty, time spent participating in the juryselection process, or for time spent actually serving on a jury. Nothing in this provision shall beconstrued to require an employer to provide annual, vacation, or sick leave to employees underthe provisions of this statute who otherwise are not entitled to those benefits under companypolicies.
(3) Any employer who violates this section is guilty of criminal contempt and uponconviction may be fined not more than $500 or imprisoned not more than six months, or both.
(4) If any employer discharges an employee in violation of this section, the employeewithin 30 days may bring a civil action for recovery of wages lost as a result of the violation andfor an order requiring the reinstatement of the employee. Damages recoverable may not exceedlost wages for six weeks. If the employee prevails, the employee shall be allowed reasonableattorney fees fixed by the court.
Renumbered and Amended by Chapter 3, 2008 General Session