An employer may not fire, threaten to fire, intimidate or coerce a permanent employee because the employee serves as a trial juror in any U.S. court, or attends or is scheduled to attend for that service1. A private employer also may not fire a permanent employee for serving on a grand jury2. An employee fired in violation can win reinstatement and damages3. Your employer does not have to pay you while you serve4.
What a fired employee can recover
of pay, at the rate you earned when summoned, plus reinstatement, for an employee injured by a violation3.
The suit must be filed by the second anniversary of your jury service3. Violating the law is also a Class B misdemeanor, and a court can hold an employer in contempt for firing, penalizing or threatening an employee for jury duty5.
For employees
Do
Don't
- Assume your employer must pay you4.
- Wait more than two years to file suit if you were fired3.
- Count on being excused because your employer will not pay. State law allows an economic excuse only if every party in the case is present and agrees7, and Harris County says it does not excuse jurors for this reason8.
Tex. Civ. Prac. & Rem. Code § 122.001(a):
(a) An employer may not discharge, threaten to discharge, intimidate, or coerce any permanent employee because the employee serves as a juror, or for the employee's attendance or scheduled attendance in connection with the service, in any court in the United States.
A threat to fire you for trial jury service is covered even if you keep your job1. Texas printed two 2019 versions of this section; read together, the broader trial-jury protection above stands, and the second version adds that a private employer may not fire a permanent employee for grand jury service2.
Questions
Does the protection cover federal jury service?
One version of the Texas law covers service in any court in the United States1. Federal law also protects permanent employees: see federal jury duty and your employer.
Do I get my old job back?
If you were fired or threatened because of jury service and you give notice as soon as practical after release that you intend to return, you are entitled to your former job6, unless the employer proves its circumstances changed so that reemployment was impossible or unreasonable, and that it ended your job for reasons other than jury service10.
Can I get attorney's fees?
Yes. The law allows reasonable attorney's fees on top of damages3.
What to do next
Related
Sources
10 sources, with the exact sentence each rule comes from. Georgia statute text is quoted from Justia's copy of the 2025 Official Code of Georgia
- Tex. Civ. Prac. & Rem. Code ch. 122 – Juror's Right to Reemployment. Tex. Civ. Prac. & Rem. Code § 122.001 (S.B. 370 version)."(a) An employer may not discharge, threaten to discharge, intimidate, or coerce any permanent employee because the employee serves as a juror, or for the employee's attendance or scheduled attendance in connection with the service, in any court in the United States."
- Civil Practice and Remedies Code ch. 122. Tex. Civ. Prac. & Rem. Code § 122.001(a) (H.B. 504 version)."(a) A private employer may not terminate the employment of a permanent employee because the employee serves as a juror or grand juror."
- Tex. Civ. Prac. & Rem. Code § 122.002 – Damages; Reinstatement; Attorney's Fees. Tex. Civ. Prac. & Rem. Code § 122.002."(a) A person who is injured because of a violation of this chapter is entitled to reinstatement to the person's former position and to damages in an amount not less than an amount equal to one year's compensation nor more than an amount equal to five years' compensation at the rate at which the person was compensated when summoned for jury or grand jury service."
- Jury Service in Texas, Texas Judicial Branch / Office of Court Administration (txcourts.gov). OCA juror information page; Tex. Civ. Prac. & Rem. Code ch. 122 (no pay requirement)."Your employer is not required to pay you for any time that you missed from work due to jury service. However, your employer cannot fire you while you are fulfilling your civic duty."
- Tex. Civ. Prac. & Rem. Code § 122.0022 – Contempt. Tex. Civ. Prac. & Rem. Code §§ 122.0021, 122.0022."In addition to and without limiting any other sanction or remedy available under this chapter or other law, a court may punish by contempt an employer who terminates, threatens to terminate, penalizes, or threatens to penalize an employee because the employee performs jury or grand jury duty."
- Tex. Civ. Prac. & Rem. Code § 122.001. Tex. Civ. Prac. & Rem. Code § 122.001(b)."(b) An employee who is discharged, threatened with discharge, intimidated, or coerced in violation of this section is entitled to return to the same employment that the employee held when summoned for jury service if the employee, as soon as practical after release from jury service, gives the employer actual notice that the employee intends to return."
- Tex. Gov't Code § 62.110 – Judicial Excuse of Juror. Tex. Gov't Code § 62.110."(a) Except as provided by this section, a court may hear any reasonable sworn excuse of a prospective juror, including any claim of an exemption or a lack of qualification, and if the excuse is considered sufficient shall release him from jury service entirely or until another day of the term, as appropriate."
- Harris County District Clerk - Getting Prepared (Jury Services page template). Harris County District Clerk, Jury Services page (Getting Prepared)."Any special circumstances will need to be brought up with the judge at the time of jury service or by emailing jury@hcdistrictclerk.com and your request will be forwarded to the judge for consideration. The law does not allow persons to be excused because they are the sole owner of a business, nor because their employer will not pay for jury service."
- Justia - Romero v. Texas Permanent School Fund Corp. (Tex. App. 2026). Romero v. Tex. Permanent Sch. Fund Corp., No. 15-25-00180-CV (Tex. App.—15th Dist. Aug. 27, 2026) (mem. op.)."It could even prohibit (as Romero argues) retaliation by government employers. ... the statute does not effect a clear and unambiguous waiver under either reading"
- Tex. Civ. Prac. & Rem. Code ch. 122 - Juror's Right to Reemployment. Tex. Civ. Prac. & Rem. Code § 122.003."It is a defense to an action brought under this chapter that the employer's circumstances changed while the employee served as a juror or grand juror so that reemployment was impossible or unreasonable. (b) To establish a defense under this section, an employer must prove that the termination of employment was because of circumstances other than the employee's service as a juror or grand juror."
Reviewed by Roger K. Neustadt, JD, attorney admitted in Georgia. Verified November 10, 2026.
Roger K. Neustadt is admitted in Georgia; pages about other states and federal courts are general information checked against official sources. How we check every rule: editorial policy. Spotted something out of date? Tell us.
This page explains the law in general terms and is not legal advice. Jury Duty Explained is not affiliated with any court. Your summons and your court's instructions control, so check them first.