IN RE GIBBS

Case No. 4:17-MC-00001.

IN RE JUROR LATERICIA GIBBS.

United States District Court, E.D. Arkansas, Western Division.


Attorney(s) appearing for the Case

In re Latericia Gibbs, Pro Se.

TeleTech, Respondent, represented by Eva C. Madison , Littler Mendelson, P.C..


ORDER

BRIAN S. MILLER, District Judge.

Juror Latericia Gibbs alleged TeleTech Healthcare Solutions ("TeleTech") terminated her because she was on jury duty. See Doc. No. 1. TeleTech admitted to terminating Gibbs but denied the termination resulted from jury service. See Doc. No. 7. A hearing occurred on March, 10, 2017, with TeleTech appearing through counsel. Gibbs failed to appear.

Federal law prohibits employers from terminating, threatening to terminate, intimidating or coercing employees because of the employee's jury service. 28 U.S.C. § 1875(a). Here, the undisputed evidence was that Gibbs was absent or late to work on multiple occasions, which formed the basis of her termination. Indeed, Gibbs's absences for jury service were excused and played no part in TeleTech's termination decision. See Crowley v. Pinebrook, Inc., Case no. JKS 08-3427, 2010 U.S. Dist. LEXIS 126690, at *8 (D. Md. Dec. 1, 2010), aff'd, 439 F. App'x 232 (4th Cir. 2011) (jury service cannot merely be a motivating factor but must be the reason for termination).

Accordingly, judgment is entered for TeleTech and the case is dismissed with prejudice.

IT IS SO ORDERED.


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