Employee Claims

1. Nix may have a claim against his employer in relation to the employer's action of terminating his employment for refusing to appear for jury duty. The basis of the claim that Nix may have against his employer is that the action of the employer in this case may have violated the provisions of a federal law � The Jury System Improvement Act of 1978. The Jury System Improvement Act of 1978 makes it illegal for an employer retaliate against a permanent employee because of jury service in any court in the United States. Thus, regardless of the state in which the action occurs and regardless of the level of the court, the Jury System Improvement Act of 1978 applies. The reason that one cannot state with certainty that Nix has a claim in this case is the statement in the law that applies the prohibition against employers in relation to permanent employees. If Nix is a casual employee � an employee hired as temporary day labor or for a specified temporary period, the probability is that the federal law does not apply. If Nix is either a full-time or a part-time employee on a regular � permanent � basis, however, he does have a claim against his employer under the federal law. Depending on the state where the action occurred Nix might also have a claim under applicable state law.

2. The focus of this question is on the status of Cliff as an independent contractor. The employer, Port Alice Furniture, classifies Cliff as an independent contractor. The acknowledged conditio

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Category: Government - E