Importance of a Court Appearance Excuse
When you receive a court appearance notice, whether for jury duty or to be a witness in a trial, you may think that it’s as simple as informing your employer and explaining that you need to take time off for your court appearance. However, this might not be enough, since you’ll also want to provide your employer with a formal letter of excuse in accordance with the law. In most states, there are laws specifically pertaining to an employer’s obligation to grant an employee time off for a court appearance. If you don’t provide your employer with a formal letter of excuse, not only are you putting your job in jeopardy, but you are also breaking the law. It is illegal for an employer to fire an employee or terminate a job as a result of a court appearance. According to the Miami Herald, nine people in Florida were illegally fired as a result of jury duty from 2001 to 2005. In each case, the employers had assumed that taking time off work to serve jury duty was a voluntary act, so they fired employees who did not show up for work. In fact, Florida law specifically makes it illegal to fire an employee if the reason for the termination is the employee’s absence: "No employer shall print or make any statement in any employee manual or statement of policy which he requires his employees to sign that provides a ground for dismissal or otherwise penalizes any employee who is summoned for jury service or who attends court as a witness in any judicial proceeding in regard to which he has been served a subpoena or statement of purpose to appear as a witness . " It isn’t just illegal for an employer to fire someone for missing work due to a court appearance, it is also illegal for them to alter an employee’s scheduled hours in order to penalize them for serving jury duty or appearing as a witness. In fact, most states prohibit employers from requesting that an employee reschedule their court appearance for any other purpose than for their convenience: "The employer may not attempt, by any means, to avoid the payment of wages during the time the juror is absent from work or to prevent the juror from attending during normal working hours… and specifically prohibits a juror from being required to work overtime or reschedule overtime as a means of exchanging time off from jury duty." Besides being illegal, it is also a matter of professionalism to notify your employer with a formal letter of excuse for your court appearance. You should always inform your employer as soon as you receive your notice in order to avoid any last minute changes or scheduling issues. This proper notification gives your employer sufficient time to prepare for your absence by reassigning and reorganizing work. It also creates a professional line of communication, which is recommended for success in any industry. You should include the dates and times that you will be required to be out of the office as well as the length of your court appearance and your expected return date, if possible. This will give your employer time to decide if you will be compensated with paid leave or unpaid.
Essential Elements of an Excuse Letter
An effective excuse letter for court appearances at work will contain some, if not all, of the following components. In this situation, simply sending an email will not suffice. Letters are generally perceived as more formal and more professional and it is more likely that a supervisor reviewing an employee’s performance will view an excuse letter from the court most favorably rather than an email. Much like a standard business letter, and especially if you are still within the probationary period of your new employment, an excuse letter for a court appearance should contain the following:
•Date
•Your full address (if necessary, and the address of your employer)
•List of party or parties served notice, including your attorney, if applicable
•The date of the trial or scheduling conference
•A request for confirmation of the resignation and acceptance of the same
•Your typed signature
•The date of your execution
If you are a defendant in a criminal proceeding, it is also important to include the title of the action, including the case number.
Workers’ Rights and Employer Responsibilities
Employees have certain basic rights that allow them to take the day off to appear in court. For example, the Family Courts or Family Support Courts may issue a subpoena, compel attendance and impose fines if you fail to appear. Additionally, if you do not pay child support, a warrant could be issued for your arrest and you could be jailed if you fail to appear in court to contest the enforcement of a support order against you.
Under the New York Civil Service Law, any public employee must be granted leave without loss of pay to attend court under a subpoena or in connection with any judicial hearing or inquiry. (N.Y. Civ. Serv. Law § 212). Employers must provide employees certain time for participation in jury duty. Employees that are summoned must notify his/her employer of the day or days in which the jury duty will be performed. (Judiciary Law § 519). Additionally, employers must provide employees time off to vote when the polls do not remain open for four consecutive hours outside of the hours between 5 AM and 9 PM or when the employees do not have four consecutive hours between the opening of the polls and the start of work or between the end of work and the closing of the polls. (Election Law § 200).
Sample Work Excuse Letter for Court Appearance
Dear [Manager’s Name],
I hope this message finds you well. I am writing to formally notify you that I will be unable to attend work on [date(s)] due to a court appearance. I have been summoned as [a witness/defendant/plaintiff] in a case pertaining to [brief description of the case, e.g., a traffic citation I received last year, a dispute involving my property] .
Please let me know if you require a copy of the citation or reference number.
I apologize for any inconvenience this may cause, and assure you that I will make every effort to get caught up on work missed during my absence.
Thank you for your understanding. If you need to reach me at any time, please don’t hesitate to call or email me.
Sincerely,
[Your Name]
How to Inform Your Employer
- Speak to your employer as soon as possible. If you have notice of your court appearance ahead of time, tell your employer about it. Depending on the type and severity of the matter, your employer may have a workplace policy about what to do in those circumstances, or they may not. Either way, it is important to give your employer notice before you have to attend court.
- Make the conversation brief. It is never fun to discuss legal matters with your employer. The best response to their questions is a simple "I am confident that this matter will be resolved as quickly as possible."
- Notify them of the outcome. In most cases, employers expect their employees to be at work when they are not at court. They will probably be very upset if they presume you have missed work because of a serious problem.
Provide your employer with a copy of the records from the court to prove that you were there, but not there.
Other Possible Solutions to Court Appearance
Depending on the employer and the circumstances, there may be some flexibility as to how an employee can get the court appearance time they need without disrupting their employment. For example, many employers may allow employees to work from home (which may be referred to as "telecommuting" or "remote working") when it suits the business.
Both federal and California law have taken the position that telecommuting lawfully fits into the legal definition of a "reasonable accommodation" for workers with disabilities. Permitting an employee to perform his or her job from home may be a reasonable accommodation for a disabled employee if, in addition to the other legal tests for workplace accommodations being met, that accommodation will not create an undue hardship for the employer. For example, a 2009 decision in Bray v. City of Eloy allowed an ADA lawsuit to proceed where the employer rescinded its offer of an accounting position to a man who was unable to work more than half-time due to disability. Isolated , those facts could create a verdict for the plaintiff or a defense for the employer depending on the judge and jury. However, allowing the disabled plaintiff to perform the jobs he was qualified for remotely from home would have relieved the employer of the need to adjust his schedule to drive to the office to accommodate the plaintiff’s disability, generating no additional costs for the employer, and potentially generating a lot of money for the company. There are also times when a flexible work arrangement may help employees who do not have disabilities. For example, an employee could change their schedule (either perennially or at specific times during the year for a limited period of time) to allow them to appear for court. For example, a banker might work from 12:00 p.m. until 8:00 p.m. instead of the standard banks’ hours of 9:00 a.m. until 5:00 p.m., or a hospital worker could work weekends so they are free to adhere to their court schedule during the week. As long as the accommodation does not disrupt the work group or create additional costs for the employer, the employee’s request should generally be granted.