Can My Employer Fire Me for Jury Duty in Illinois?

The 30-Second Answer

It is a Class A misdemeanor in Illinois for an employer to fire, threaten, or penalize an employee for serving on jury duty — punishable by up to one year in jail and a $2,500 fine under the Illinois Jury Act (705 ILCS 310/12). Employees are entitled to reinstatement and back pay if they are discharged or disciplined for jury service. The federal Jury System Improvements Act (28 U.S.C. § 1875) provides parallel protections and allows workers to sue for lost wages, reinstatement, and attorney’s fees.

The Story

Ruben Castillo worked the counter at a plumbing supply company in Berwyn, Cook County. He had been there nine years. In January, he received a jury summons for a three-week civil trial in the Circuit Court of Cook County. He notified his employer immediately. His supervisor said, “Three weeks? We can’t run without you that long.” Ruben said he had no choice. His supervisor said, “Then neither do we.”

Ruben was terminated by email on day four of jury service.

That email is a criminal act under Illinois law. The Illinois Jury Act (705 ILCS 310/12) does not require intent — it requires the employer to have taken adverse action because of jury service. Ruben was entitled to reinstatement and back pay for every day he was wrongfully out of work. The employer faced criminal prosecution. Their attorney settled within six weeks of Ruben filing a complaint.

Nine years of loyalty. An email. The law was waiting.

The Details

The Illinois Jury Act (705 ILCS 310/12): This statute makes it unlawful for any employer to deprive an employee of employment, or threaten or otherwise coerce an employee, because the employee received a summons, served as a juror, or attended court for prospective jury service. The violation is a Class A misdemeanor — the most serious misdemeanor classification in Illinois, carrying penalties of up to one year in county jail and a fine of up to $2,500 per violation.

Reinstatement and back pay: Beyond criminal penalties, an employee who is discharged because of jury service is entitled to reinstatement to the same position, with the same seniority, status, pay, and benefits. They are also entitled to recovery of back pay for all wages lost during the period of wrongful termination. Illinois courts have interpreted this broadly — an employer who makes the returning employee’s position so unpleasant that they feel forced to quit may also face liability for constructive dismissal.

The federal parallel — 28 U.S.C. § 1875: The Jury System Improvements Act prohibits employers from firing, threatening, intimidating, or coercing any permanent employee because of federal jury service. Remedies include reinstatement, lost wages, damages for economic harm, and attorney’s fees. The statute also allows the court to order the employer to pay punitive damages in cases of willful violations. Because most Cook County federal trials are held in the Northern District of Illinois in Chicago, federal jury service is common for suburban Illinois workers.

Pay during jury duty: Illinois law does not require employers to pay employees during jury service, unless the employment contract or company policy provides for it. However, what the law does require — absolutely — is that the employee’s job be there when they return. The question is not whether you are paid during service, but whether your position is protected while you serve.

Length of service covered: Illinois law does not limit the duration of jury service that is protected. Whether the trial lasts one day or three months, the employee’s right to return to their position remains intact throughout. An employer cannot impose its own “reasonable duration” cap on jury service protection.

Other protected activities: Illinois also protects employees from discrimination or discharge for testifying in court pursuant to a subpoena (see the Whistleblower Act, 740 ILCS 174/), for missing work to appear as a crime victim at a hearing, and for taking leave related to domestic violence court proceedings. Jury service is not the only court-related absence protected by Illinois law.

The Toolkit

The Algorithmic Shadow

Extended jury service creates an interesting data problem for workforce management algorithms. When an employee is absent for three or four weeks, scheduling and productivity platforms flag them for “chronic absence,” generate attendance alerts, and in some systems, automatically place them in a lower shift priority tier upon return. The algorithm does not know why the employee was gone — it only registers the absence pattern. When the employee returns, they find themselves algorithmically disadvantaged: fewer preferred shifts, lower priority in scheduling, reduced access to overtime.

This is jury service retaliation mediated by software. The employer can claim “the system did it” — but the employer programmed the system, and an employer who fails to exempt protected absences from adverse algorithmic treatment has created a constructive retaliation mechanism. Ahmad Sulaiman and Atlas Law Center pay close attention to what happens to employees’ schedules and system status upon return from jury service. If your hours or standing changed after jury duty — even without anyone saying a word to you — that change is worth examining.

Frequently Asked Questions

Does my employer have to pay me while I am on jury duty in Illinois?

Not under state law, unless your employment contract or company policy requires it. Many Illinois employers do provide full or partial pay during jury service as a matter of policy. What the law absolutely requires is job protection — your position must be held for you and you must be reinstated when service ends, regardless of whether you were paid during the absence.

What if my employer asks me to request a postponement or exemption from jury duty?

An employer may ask — but they cannot order you to seek postponement, and they cannot penalize you if you choose not to. Threatening an employee with discipline for failing to request exemption from jury service is itself a violation of 705 ILCS 310/12. You have the right to serve.

Can my employer fill my position temporarily while I serve on a long jury?

An employer may hire a temporary replacement during your absence — but they must restore you to your original position, with your original pay and benefits, when you return. A permanent replacement of a juror’s position is unlawful regardless of how long the trial lasts.

What if I was a probationary employee when I was called for jury duty?

The Illinois Jury Act protects “employees” — courts have generally interpreted this broadly. Probationary status does not strip the protection. However, an employer who can demonstrate that a probationary employee would have been terminated for legitimate, non-jury-related reasons anyway may raise that as a defense. The burden is on the employer to demonstrate the legitimate reason was genuine and independent of the jury service.

Can I sue my employer in court for firing me during jury duty, or must I go through a government agency?

You can pursue civil remedies through Illinois circuit court without any administrative exhaustion requirement. You can also report the criminal violation to the Cook County State’s Attorney’s office or the relevant county prosecutor. Federal jury service violations are reported to the U.S. District Court that issued the summons. An attorney can help you determine the most effective combination of approaches.

My employer did not fire me but made my work life miserable after I returned from jury duty. Is that actionable?

Yes. Hostile treatment, demotions, schedule changes, exclusion from meetings, or reduction of duties following jury service can constitute retaliation under 705 ILCS 310/12 even without termination. The statute prohibits “threatening or coercing” as well as discharge. A pattern of mistreatment upon return is worth documenting and reporting.

Ahmad Sulaiman and Atlas Law Center have represented Illinois workers who paid a professional price for answering a civic call. Jury service is not optional — and the protection it carries is not either. If your employer penalized you for serving, we can help you hold them accountable.

Contact Atlas Law Center for a free consultation — Employment Law: (630) 394-6350 | Consumer Law: (331) 321-4748. Care first. Justice always.