(a) No employer in this state may discharge any employee or subject any employee to an adverse employment action solely because he or she serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his or her next regularly scheduled hour after being dismissed from any jury.
(b) Any employee who is so discharged or subjected to an adverse employment action shall have a cause of action against the employer for the discharge or adverse employment action in any court of competent jurisdiction in this state and shall be entitled to recover both actual and punitive damages.
(c) The provisions of this section are supplemental to any statutes, existing or to be enacted in the future, that are designed to protect and safeguard a citizen’s right and duty to serve on a lawful jury, and the provisions of this section shall not repeal or supersede the provisions of any law not directly inconsistent herewith.
(Acts 1980, No. 80-747, p. 1520; Act 2005-311, 1st Sp. Sess., §1.)
Notes of Decisions
Norfolk S. Ry. Co. v. Johnson, 740 So. 2d 392 (Ala. 1999).
· cites it 32× “) presents a question of first impression, calling for an interpretation of the scope of Ala.Code 1975, § 12-16-8.1, which prevents employers from discharging employees because they serve on juries.”
Hoffman-La Roche, Inc. v. Campbell, 512 So. 2d 725 (Ala. 1987).
· cites it 3× “Our holdings in Bender Ship Repair and Meeks prompted the legislature to enact Code 1975, § 12-16-8.1 and § 25-5-11.1 (Cum.Supp.1985).”
Alabama Power Co. v. Aldridge, 854 So. 2d 554 (Ala. 2002).
· cites it 2× “In reviewing the trial court's denial of Norfolk Southern's motion for summary judgment, we interpreted § 12-16-8.1, a statute analogous to § 25-5-11.”
Salter v. Alfa Ins. Co., Inc., 561 So. 2d 1050 (Ala. 1990).
· cites it 3× “See Ala.Code 1975, § 12-16-8.1, which overruled Bender Ship Repair, and Ala.”
Jones v. Ethridge, 497 So. 2d 1107 (Ala. 1986).
· cites it 4× “Pursuant to the public policy considerations expressed by the legislature in Code 1975, § 12-16-8.1 and § 25-5-11.1, this Court should now reverse its holding in Tranquilaire.”
Rebecca Boutwell v. Fed.-Mogul Corp., 342 F. App'x 541 (11th Cir. 2009).
· cites it 9× “PER CURIAM: Rebecca Boutwell brought claims for retaliatory discharge under Alabama Code § 12-16-8.1 against her former employers, Federal-Mogul Powertrain, Inc.”
Meeks v. OPP Cotton Mills, Inc., 459 So. 2d 814 (Ala. 1984).
“Nothing in the record before us persuades us to deviate from the steadfastly followed rule that an employee at will may be discharged for no reason or any reason, including a "wrong" reason.”
Aldridge v. DaimlerChrysler Corp., 809 So. 2d 785 (Ala. 2001).
“Code 1975 (prohibiting an employer from terminating an employee for filing a claim for workers' compensation benefits); and § 12-16-8.1 (prohibiting the discharge of an employee for serving on a jury).”
Givens v. Heilig-Meyers Co., Inc., 738 So. 2d 1282 (Ala. Civ. App. 1999).
· cites it 5× “He alleges a violation of Ala.Code 1975, § 12-16-8.1. Shelia Givens, Randy’s wife, joined as a plaintiff, alleging a loss of consortium resulting from her husband’s alleged wrongful termination.”
Ajoloko v. Jamas Tech. Inc (N.D. Ala. 2022).
· cites it 2× “); the Alabama Affirmative Action Programs for Minorities law, (Alabama Code § 25-1-10); Alabama Code § 13A-11-123 (anti-blacklisting statute); Alabama Code § 12-16-8 (employer shall pay usual compensation to employee during employee's jury service); Alabama Code § 12-16-8.1…”
Scott v. Estalella, 563 So. 2d 701 (Fla. 3d DCA 1990).
“We would add to Judge Carr's persuasive analysis of the issue only the additional point that the fact that several other state statutes specifically apply to federal jury service presents a strong indication that the Florida law, which does not so provide, was not meant to do so.”
Williams v. Walker, 526 So. 2d 576 (Ala. 1988).
“…JJ., concur. . We recognize that there are certain statutory exceptions to this principle. See, e.g., Code 1975, § 12-16-8.1.”
— Ala. Code § 12-16-8.1(a) — 2 cases
Norfolk S. Ry. Co. v. Johnson, 740 So. 2d 392 (Ala. 1999).
“) presents a question of first impression, calling for an interpretation of the scope of Ala.Code 1975, § 12-16-8.1, which prevents employers from discharging employees because they serve on juries.”
Rebecca Boutwell v. Fed.-Mogul Corp., 342 F. App'x 541 (11th Cir. 2009).
“PER CURIAM: Rebecca Boutwell brought claims for retaliatory discharge under Alabama Code § 12-16-8.1 against her former employers, Federal-Mogul Powertrain, Inc.”
— Ala. Code § 12-16-8.1(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.