Do not allow yourself to be punished for doing your civic duty
STUART ALTERMAN
The PBA Local contracts for most law enforcement officers provide for the way payment of salary is handled if that law enforcement officer is selected for jury duty . However , most law enforcement officers are unaware that in addition to his or her PBA union contract , New Jersey law provides additional protections for those who are selected for jury duty .
N . J . S . A . 2B : 20-17 provides : An employer shall not penalize an employee with respect to employment , or threaten or otherwise coerce an employee with respect to that employment , because the employee is required to attend court for jury service .
The statute further provides both a criminal remedy as well as a civil penalty to the aggrieved law enforcement officer . In terms of a criminal remedy , any employer who violates the statute is guilty of a disorderly persons offense . In terms of a civil remedy , the employee may bring a civil action for economic damages as a result of the violation and for an order requiring the reinstatement of the employee .
Thus , even if the PBA union contract mandates payment of salary and the employer so complies , if the law enforcement officer is transferred or given a different post based on jury duty service , a civil suit could be brought to undo that transfer or assignment .
The only caveat to bringing civil litigation is that it must be
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The Law Firm of Alterman & Associates , LLC
Stuart J . Alterman , Esquire Jeffrey S . Ziegelheim , Esquire Arthur J . Murray , Esquire
commenced within 90 days from the date of the violation or the completion of jury service , whichever is later . In other words , the statute of limitations for retaliation based on jury duty service is only 90 days . This timeframe is much abbreviated compared to other causes of action in the state of New Jersey .
In light of the above , a law enforcement officer should immediately coordinate with his or her PBA union and / or attorney if he or she believes that he or she is being retaliated against because he or she notified management of jury duty , while on jury duty , or shortly after completing a term of jury duty .
As Thomas Jefferson once remarked , “ I consider trial by jury as the only anchor ever yet imagined by man , by which a government can be held to the principles of its constitution .”
Those who serve on a jury and further the principles of the Constitution should not be punished for doing their civic duty , regardless of the disruption caused to the employer . d
A former municipal police officer , county corrections officer and municipal prosecutor , Stuart J . Alterman has represented law enforcement officers for more than 25 years in all areas of employment issues . He is a NJ State PBA Lifetime Silver Card recipient . Arthur J . Murray , who has extensive practice in the Office of Administrative Law in Law Enforcement Disciplinary Matters , contributed to this report .
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