Jury Duty Leave in Minnesota: Employer Obligations & Your Rights
Last reviewed: September 2026
Quick Answer
No, you cannot be fired or retaliated against for serving on jury duty in Minnesota. Minnesota Statutes section 593.50 explicitly prohibits employers from discharging, threatening, or discriminating against employees because of jury service. If an employer retaliates against you, you may pursue civil damages under Minnesota Statutes section 593.51. There is no state law requirement that employers pay wages during jury duty, but retaliation is strictly prohibited.
Key Facts
- •Minnesota employers cannot fire, threaten, or discriminate against employees for jury service.
- •Employees must provide notice of jury duty and summons to their employer.
- •Retaliation for jury service is illegal and employees can sue for damages.
- •No specific wage replacement is required by Minnesota law during jury duty.
Federal Law: The Baseline
Federal law under 28 U.S.C. section 1875 prohibits employers from discharging any employee or coercing, threatening, or intimidating any employee with respect to jury service in federal court. This protection applies to all employers regardless of size. The statute covers all phases of jury service, including selection, deliberation, and verdict. Employees who experience retaliation can file complaints with federal agencies and pursue civil remedies. However, federal law does not require employers to pay employees during jury duty. The federal statute is enforced through private civil lawsuits and does not have a dedicated enforcement agency like the EEOC, though the DOJ may provide guidance. Remedies include reinstatement, back pay, and attorney's fees.
Minnesota Law: What's Different
Minnesota law provides stronger protections than federal law by specifically codifying anti-retaliation protections in Minnesota Statutes sections 593.50 and 593.51. Section 593.50 states that no employer shall discharge, threaten, intimidate, or in any manner discriminate or take any adverse employment action against any employee or any prospective employee by reason of such employee's or prospective employee's jury service, absence from employment on account of prospective jury duty, or attendance in court pursuant to a juror's summons.
Section 593.51 creates a private right of action for damages, stating that any employer who violates section 593.50 is liable for the damages sustained by the employee, court costs, and reasonable attorney's fees. The law applies to all employers in Minnesota, with no minimum employee threshold. This means even very small employers are bound by these protections.
Unlike some states, Minnesota does not require employers to compensate employees during jury duty. However, many Minnesota employers voluntarily continue pay during short jury duty absences as a matter of policy. The key distinction is that while Minnesota cannot mandate wage payment, it absolutely prohibits any negative employment action because an employee participated in jury service.
Minnesota's statute covers state court jury duty and is reinforced by the federal prohibition on federal jury duty retaliation. The state law provides specific damages remedies that employees can pursue in civil court without needing to file with a state agency first.
Key Numbers & Thresholds
There is no minimum employer size threshold under Minnesota Statutes section 593.50. All employers, including sole proprietors, are covered. No specific filing deadline is mandated by state law for jury duty retaliation claims; civil actions follow standard Minnesota statutes of limitations (generally four years for contract-based claims and two years for tort claims). Federal jury duty retaliation claims under 28 U.S.C. section 1875 have no explicit deadline in the statute itself, but federal courts apply applicable state statutes of limitations by analogy.
Exceptions & Special Cases
Minnesota law contains no statutory exceptions to jury duty protection. An employer cannot discharge an employee for jury service even if the absence causes business hardship. The protection applies to all types of jury duty—state trial courts, appellate courts, and federal courts. An employer cannot require an employee to forfeit wages, use vacation time, or accept reduced hours as a condition of jury service, though employers may opt to not pay for the time absent.
However, there are practical limitations: An employee must actually be summoned for jury duty or be summoned as a prospective juror. An employee who falsely claims jury duty is not protected. Additionally, at-will employees in Minnesota can still be terminated for other legitimate reasons unrelated to jury service. The burden of proof lies with the employee to show that jury service was the motivating factor or a substantial factor in the adverse employment action.
Employers may legally require employees to provide notice and proof of jury duty (such as a summons or court documentation) so that the employer can plan for the absence. Failure to provide timely notice may affect certain protections in some contexts, though Minnesota law does not explicitly state this limitation. Union and public sector employees have the same protections as private sector employees. There are no carve-outs for small businesses, seasonal workers, or any employment classification.
What to Do If Your Rights Are Violated
Step 1: Document the Jury Duty Communication. Keep all jury summonses, notices from the court, and documentation of your jury service dates. Save all emails, texts, and written communications from your employer about the jury duty. If your employer made verbal threats or comments about your jury service, write down the date, time, what was said, and any witnesses present. Take screenshots of any online communications. Maintain a record of your work schedule and absences during the jury duty period.
Step 2: Report to Your Employer Appropriately. Provide your employer with a copy of the jury summons as soon as you receive it, or as soon as reasonably practical if you received it outside work hours. Many employers have HR policies requiring this notice. If your employer asks why you will be absent, state clearly that you have been summoned for jury duty. Request written confirmation that your employer received the notice. If your employer responds with threats, criticism, or warnings about jury service, document this immediately in writing.
Step 3: File a Civil Complaint in Minnesota State Court. You do not need to file with a state agency first—Minnesota allows direct civil action. Contact a Minnesota employment attorney to discuss your case and determine damages. File a complaint in the district court in the county where you work or where the employer is located (typically the county where the employer's principal office is located). Include allegations under Minnesota Statutes sections 593.50 and 593.51. The complaint should detail the jury duty service, the adverse employment action (discharge, demotion, reduced hours, etc.), and explain how the employer's action was retaliatory.
Step 4: Understand the Investigation and Litigation Process. After filing, the employer will be served with the complaint and has time to respond (typically 30 days under Minnesota Rules of Civil Procedure). Discovery follows, during which both sides exchange documents and may take depositions. Expect this phase to last several months. The case may be resolved through settlement negotiations or proceed to trial. At trial, you must prove that your jury service was a substantial factor in the adverse employment action. The employer may argue the action was taken for an independent legitimate reason (though this burden typically falls on the employer to prove once you establish a causal connection).
Step 5: Consult an Employment Attorney. Hire a Minnesota employment law attorney as soon as you experience adverse action related to jury duty. An attorney can assess whether you have a strong case, estimate potential damages, and represent you throughout the process. If you win, the employer must pay your attorney's fees and court costs under Minnesota Statutes section 593.51, which makes litigation more affordable. Many Minnesota employment attorneys work on contingency for retaliation cases. Bring all documentation (summonses, emails, witness names, employment records) to your initial consultation.
If you believe you have been retaliated against for jury duty, consider consulting with a Minnesota employment law attorney to understand your rights and potential remedies.
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Frequently Asked Questions
Do I have to tell my employer I received a jury summons?
It is advisable to notify your employer promptly when you receive a jury summons, as this creates documentation that your absence is court-mandated rather than unauthorized. Minnesota law does not explicitly require advance notice, but providing notice protects you by making clear that jury duty is the reason for your absence. If your employer later claims you were fired for excessive absenteeism or abandonment of duties, your notification of jury duty status rebuts that claim. Additionally, many employers appreciate advance notice to arrange coverage. Keep a copy of the summons and written confirmation from your employer that they received notification. If you fail to notify your employer and are terminated, the employer may argue the termination was for absence without notice rather than jury service, making your retaliation claim more difficult to prove.
Does my Minnesota employer have to pay me while I serve on jury duty?
Minnesota law does not require employers to pay employees during jury duty. This is a key distinction from some other states that mandate wage continuation. However, many Minnesota employers voluntarily continue pay during jury service as a matter of company policy or goodwill. You should check your employee handbook or ask HR about your employer's specific policy. The critical point is that even if your employer does not pay you, they cannot fire, demote, reduce your hours, or retaliate against you for serving on the jury. The absence itself is protected; the compensation for that absence is not mandated by law. Some courts provide small daily juror fees (typically $10-$50 per day depending on the court), though this is nominal. If you face financial hardship due to unpaid jury duty, discuss this with the court—some judges may excuse you for economic hardship.
What if my employer says jury duty will hurt my performance review or career?
Any negative comment or threat from your employer regarding your jury duty participation is retaliation and violates Minnesota Statutes section 593.50. An employer cannot penalize you through a lower performance review, denial of promotion, reduced bonus, or any other adverse consequence because of jury service. If your employer makes statements like 'jury duty will look bad on your record,' 'this will hurt your chances for advancement,' or 'we will not forget this,' document these statements immediately with the date, time, and any witnesses. This constitutes evidence of retaliation. You can use these statements in a civil lawsuit against your employer. If you later experience an adverse employment action (termination, demotion, etc.), these prior warnings help establish that jury service was the motivating factor. Consult an employment attorney if you receive such threats, as you may have a strong retaliation claim even if no job loss has occurred yet.
Can my employer fire me for missing work during jury selection or voir dire?
No. Minnesota Statutes section 593.50 protects employees from discharge or adverse action for jury duty that includes the entire process—from receipt of the summons, through jury selection (voir dire), trial, and verdict. Even if you are selected as a juror and serve for several weeks, your employer cannot terminate you or take any adverse action. If jury selection requires multiple days of your time before you are selected or dismissed, you are still protected during that period. Many cases involve lengthy jury selection, and your employer must accommodate this. If the jury trial lasts weeks or months, your employment remains protected. The only scenario where jury duty protection might not apply is if the employee is absent from work for reasons completely unrelated to the jury duty (for example, falsely claiming jury duty when actually doing something else), but the law assumes jury summonses and court attendance are legitimate unless proven otherwise.
What remedies can I recover if my employer retaliates against me for jury duty?
Under Minnesota Statutes section 593.51, if your employer violates section 593.50, you can recover actual damages sustained by your employment situation, court costs, and reasonable attorney's fees. Actual damages typically include lost wages if you were discharged, lost benefits, emotional distress, and harm to your reputation. If you were fired, you can recover all wages from termination until a reasonable time to find comparable employment. If you were demoted, you can recover the wage differential. Punitive damages are not explicitly provided in the statute, but the damages available can be substantial. The attorney's fees provision is particularly valuable—it means if you win your case, your employer pays your legal costs, making it affordable to hire counsel. You do not need to prove that your employer acted with malice; merely that jury service was a substantial factor in the adverse action. Many Minnesota employment attorneys handle these cases on contingency because the fee-shifting provision makes recovery likely for successful cases.
Related Topics in Minnesota
Sources & References
- Minnesota Statutes section 593.50 — Prohibits employer retaliation against employees for jury service
- Minnesota Statutes section 593.51 — Defines prohibited conduct and remedies for jury duty retaliation
- 28 U.S.C. section 1875 — Federal protection prohibiting employer retaliation for federal jury service
Informational only. Not legal advice. Laws change — always verify with a licensed attorney.
Editorial standards: This guide is reviewed against primary government sources and cites 3 statutes. Last reviewed September 2026. Scheduled for re-verification by September 2027.
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