Last month, interstate truck driver Kadyra Reddick served as a juror in a criminal trial in Orlando federal court that lasted several days. Soon after, Reddick received a "separation notice" from her employer, which stated she quit because of marital, family or personal problems.
But Reddick says she never resigned, and instead, Swift Transportation fired her because of her jury service. Now, Reddick is suing her former employer and is being represented by a lawyer appointed by the court.
"The only thing that most Americans do that is truly citizenship-related other than vote is to serve on juries," said Stetson University College of Law professor Charles Rose. "A private employer that would penalize an individual for performing their civil duty is reprehensible."
A spokesman for Swift Transportation would not comment on the lawsuit. Neither Reddick nor her attorney responded to the Sentinel's requests for comment.
Federal law states no employer shall fire, threaten to fire, intimidate or coerce a permanent employee because of their jury service. Employers that violate the law can be liable for damages and can be subject to a civil fine of up to $5,000 per violation.
Rose said such cases are rare.
Orange-Osceola Chief Judge Belvin Perry couldn't recall an instance in his circuit when a person was fired because they served on a jury, a court spokeswoman said.
Court records state that Reddick appeared for jury service as required on Jan. 9, but was temporarily excused with instructions to report back later in the month.
On Jan. 18, Reddick was seated on a jury. The same day, Swift informed Reddick they had a truck ready for her to pick up, but she told the company she was selected for a jury in a case that was slated to last five days.
Swift officials stopped communicating with Reddick after that date, even though she sent several emails and placed several calls to the company.
Reddick completed her jury service Jan. 23, and received a "separation notice" from Swift.
The reason for separation, according to the document, was not a lack of work or a discharge, but that she "quit."
The explanation: "MARITAL/FAMILY/PERSONAL PROBS."
In her lawsuit, Reddick said it's unclear why Swift would indicate that she quit on Jan. 10, when she and company officials communicated about her assignments after that date.
Reddick is seeking lost earnings, reinstatement, lost benefits, attorney fees and costs, and is asking that a judge to impose a civil fine against Swift for $5,000.
http://articles.orlandosentinel.com...it-20120213_1_jury-duty-jury-service-employer
Woman says she was fired over jury duty, court appoints attorney to sue SWIFT
Discussion in 'Truckers News' started by Gary7, Mar 9, 2012.
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Rollover the Original, Blackadder47, Southpaw7391 and 9 others Thank this.
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215 views on this thread so far, and not one reply? I guess I'll be the first. I hope she wins, and Not So Swift gets the shaft.
Rollover the Original and American-Trucker Thank this. -
Took several paragraphs to lay out the argument in one sentence. Which describes Swift to a tee.
Rollover the Original, dog-c and chalupa Thank this. -
Who on earth would allow this firing without assessing the results? I am baffled that such an individual could be making decisions for any company
Rollover the Original and chalupa Thank this. -
Typical management. Guess they didn't teach that in their fancy college courses.
Rollover the Original Thanks this. -
It sounds like...even though she did "talk to company"....[doesn't state who in the company]...that "the company"...[probably her DM]...did not let the HR people in on the conversation.
"the company" assumed (from lack of communication from the assumed DM) that she was a "NO SHOW"...which qualifies as "QUIT"...when she didn't report in to get her assigned truck.
Swift will lose this one...because the driver (presumably) contacted Swift and was upfront about the circumstances.Rollover the Original Thanks this. -
last post has it right, I think. One hand didn't know what the other was doing. The first response of almost every trucking company is to put "quit" on the reason for termination to avoid having to pay unemployment compensation. When she contacted the company to get this corrected they should have done so on the spot. Look for Swift to settle as quickly as possible as they are clearly in the wrong and have no chance of winning this one. They screwed up.
Rollover the Original Thanks this. -
Anybody wanna bet that DM will be looking for a new job soon?
TNPRIDE1066, otherhalftw, The Challenger and 1 other person Thank this. -
not smart of swift
Rollover the Original Thanks this. -
Just for a moment, I'm going to take Swift's side on this...but ONLY for a moment.
Jury summons are mailed by the Clerk of Court WELL in advance of the date the juror is to report for duty. With that being said, did the driver send (via registered or certified return receipt) or fax a copy of the letter to her company? Can she proved she served on a jury by the roll call from the Court or pay stubs from serving on the jury?
Now back to reality. If these above scenarios hold true, I hope to the good Lord above that she NAILS Swift to the wall and makes them pay. A lot.
AFTERTHOUGHT: If anyone on the forum has served on a jury, how did you handle it with your company?
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