§ 4563. Protection of employment of petit and grand jurors.
(a) General rule.--An employer shall not deprive an employee of his employment, seniority position or
benefits, or threaten or otherwise coerce him with respect thereto, because the employee
receives a summons, responds thereto, serves as a juror or attends court for prospective
jury service. Nothing in this section shall be construed to require the employer to
compensate the employee for employment time lost because of such jury service.
(b) Penalty.--Any employer who violates subsection (a) commits a summary offense.
(c) Civil remedy available.--If an employer penalizes an employee in violation of subsection (a) the employee may
bring a civil action for recovery of wages and benefits lost as a result of the violation
and for an order requiring the reinstatement of the employee. Damages recoverable
shall not exceed wages and benefits actually lost. If he prevails, the employee shall
be allowed a reasonable attorney's fee fixed by the court.
(d) Exception.--Subsection (a) shall not apply to any employer in any retail or service industry employing
fewer than 15 persons or any employer in any manufacturing industry employing fewer
than 40 persons.
(e) Right to excuse.--Any individual not entitled to reemployment under subsection (a) shall, upon request
to the court, be excused from jury service.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References. Section 4563 is referred to in section 5522 of this title.
Notes of Decisions
Sheeran v. Kubert, Himmelstein & Assocs. P.C., 69 Pa. D. & C.4th 303 (2003).
· cites it 17× “They rely on 42 Pa.C.S. §4563 which provides for protection of employment of petit and grand jurors, but excludes employers in any retail or service industry employing fewer than 15 persons.”
Dietz v. Round Hill Foods Inc., 49 Pa. D. & C.3d 222 (1987).
“§4501 (Declaration of Policy) stating the policy of this commonwealth regarding the right to a jury trial, and 42 Pa. C.S. §4563 (Protection of Employment of Jurors) imposing both criminal and civil liability upon an employer who deprives an employee of his employment for…”
Hott v. Auto Sys. Ctrs., Inc., 379 F. Supp. 3d 446 (W.D. Pa. 2018).
“" 42 Pa. Cons. Stat. § 4563 (d). This provision has no bearing on the dispute sub judice.”
Shick v. Shirey, 25 Pa. D. & C.4th 481 (1995).
“§4501 (Declaration of Policy) stating the policy of the Commonwealth regarding the right to a jury trial, and that all qualified citizens shall have an obligation to serve as jurors when summoned for that purpose, as well as 42 Pa.C.S. §4563 (Protection of Employment of Jurors)…”
Elliott v. Horizons Unlimited Comput. Servs. Inc., 3 Pa. D. & C.4th 264 (1989).
“42 Pa.C.S. §4563. . On appeal the Third Circuit would not rule that Pennsylvania recognizes a cause óf action for wrongful discharge in retaliation for filing a workmen’s compensation claim, but rather determined that even if Pennsylvania embraced the cause of action, the…”
— 42 Pa. Cons. Stat. § 4563(a) — 1 case
Sheeran v. Kubert, Himmelstein & Assocs. P.C., 69 Pa. D. & C.4th 303 (2003).
“They rely on 42 Pa.C.S. §4563 which provides for protection of employment of petit and grand jurors, but excludes employers in any retail or service industry employing fewer than 15 persons.”
— 42 Pa. Cons. Stat. § 4563(c) — 1 case
Sheeran v. Kubert, Himmelstein & Assocs. P.C., 69 Pa. D. & C.4th 303 (2003).
“They rely on 42 Pa.C.S. §4563 which provides for protection of employment of petit and grand jurors, but excludes employers in any retail or service industry employing fewer than 15 persons.”
— 42 Pa. Cons. Stat. § 4563(d) — 1 case
Sheeran v. Kubert, Himmelstein & Assocs. P.C., 69 Pa. D. & C.4th 303 (2003).
“They rely on 42 Pa.C.S. §4563 which provides for protection of employment of petit and grand jurors, but excludes employers in any retail or service industry employing fewer than 15 persons.”
— 42 Pa. Cons. Stat. § 4563(e) — 1 case
Sheeran v. Kubert, Himmelstein & Assocs. P.C., 69 Pa. D. & C.4th 303 (2003).
“They rely on 42 Pa.C.S. §4563 which provides for protection of employment of petit and grand jurors, but excludes employers in any retail or service industry employing fewer than 15 persons.”
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