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Unformatted text preview: reason of his jury service; and
(3) shall be subject to a civil penalty of not more than $ 1,000 for each violation as to
(c) Any individual who is reinstated to a position of employment in accordance with
the provisions of this section shall be considered [**9] as having been on furlough
or leave of absence during his period of jury service, shall be reinstated to his
position of employment without loss of seniority, and shall be entitled to participate 130 in insurance or other benefits offered by the employer pursuant to established rules
and practices relating to employees on furlough or leave of absence in effect with the
employer at the time such individual entered upon jury service.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n1 It should be noted that the Florida jury service statute does not apply to federal courts,
Scott v. Estalella, 563 So. 2d 701 (Fla. 3d DCA 1990), however, Florida courts have
concurrent jurisdiction with federal courts to adjudicate suits under 28 U.S.C. 1875,
Aszkenas v. J.B. Robinson Jewelers, Inc., 560 So. 2d 1193 (Fla. 3d DCA 1990).
Further, the Florida statute by its language is restricted to cases involving discharge.
Specifically, section 40.271, Florida Statutes (1993), provides:
(1) No person summoned to serve on any grand or petit jury in this state, or
accepted to serve on any grand or petit jury in this state, shall be dismissed from
employment for any cause because of the nature or length of service upon such jury.
(2) Threats of dismissal from employment for any cause, by an employer or his
agent to any person summoned for jury service in this state, because of the nature or
length of service upon such jury may be deemed a contempt of the court from which
the summons issued.
(3) A civil action by the individual who has been dismissed may be brought in the
courts of this state for any violation of this section, and said individual shall be
entitled to collect not only compensat...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08