this post was submitted on 26 Jun 2023
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Malicious Compliance

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[REPOST]

This was back in the '80s, my first job, working as a maintenance man at a local hotel. I'd been working there part-time since I was 16 and when I turned 18, I got a notice to attend jury duty. I picked a week and I let my boss know.

The owner of the hotel found out and sees me in the hallway and tells me that I need to do "whatever it takes" to get out of jury duty because he needs me at the hotel that week for a large dog show, and if I'm not at work, I'm fired.

When I get to jury duty, day 1, I get selected for a week-long trial, and the judge asks jurors if there's any reason we cannot serve on the jury. They go around... When they get to me, I'm nervous, never been in court before and too scared to lie.

Cue malicious compliance.

I tell the judge that the owner of the business I work at will fire me if I'm not back today and said I needed to do everything I can to get out of jury duty or I'm fired, other than that I'm fine serving. The judge looks p*ssed.

The judge has me approach the bench, asks for the name of the owner, location, etc. Then he hands the court officer a paper and says something to the officer. I'm told to return to the jury box. About an hour later (still selecting a jury), the officer returns with the owner, visibly shaken, in handcuffs and walked to the front of the judge's bench.

The owner is standing in front of the judge. The judge asks him questions which he apologetically tries to worm out of.

Then the judge instructs him that I will be here for jury duty, I will serve as long as I need to, and he should NOT do anything to retaliate against me -- and that the judge is filing charges and will be instructing the clerk to check with me regularly and if, for any reason, I am fired or face any disciplinary action at work - he will hold the owner in contempt, violation of a court order, and a bunch more legal stuff. He will spend time in jail thinking about how important jury duty is.

Then the judge makes him apologize to me, in court!

I made it onto the jury and I served the week. I reported back to work the following week. I expected some blowback, but I never got fired, none of my shifts were changed and I got paid for my time in jury - I didn't ask why I got paid.

The clerk did check back a few times and I was told to call the judge's clerk's direct phone number if anything happened. It was awesome, I was pretty much bullet-proof and worked until I saved enough to go back to school.

TL;DR: When I got my first notice for jury duty, my boss told me to get out of it or I'd be fired. Being the scared 18-year old that I was, when the judge asked if any of us couldn't serve, I told him what my boss had said. The judge had my boss dragged into court and threatened with jail time. I ended up serving on the jury and getting paid for the days I missed at work.

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[–] BurnTheRight@kbin.social 42 points 1 year ago (3 children)

I did jury duty for a week and was not paid a cent by my full time employer. That jury duty caused me to go without groceries for a while.The U.S. fucking sucks. The employee class is treated like absolute trash here.

[–] conciselyverbose@kbin.social 19 points 1 year ago (2 children)

"Slavery's illegal... unless we want you for jury duty." is definitely some horseshit. My job will pay for like a week, but the fact that it's entirely possible to be called for longer and have the state pay you fuckall is ridiculous.

[–] aeternum@kbin.social 9 points 1 year ago (1 children)

or prisoners. It even says it in the constitution that slavery is legal for prisoners.

[–] Spaceman2901@kbin.social 5 points 1 year ago (1 children)

Guess what you turn into if you skip Jury Duty…

[–] aeternum@kbin.social 5 points 1 year ago (2 children)

you know, I'm 36 and Iv'e never had to do jury duty. I kind of want to, because one of my autistic special interests is court

[–] nameless_prole@kbin.social 2 points 1 year ago

I got called up once and was picked for a case... It was dope. Luckily, it was during break when I was in college, so I didn't miss any (real) work. And it was only for maybe four days. And it was for a pretty boring insurance fraud case...

But it was still super interesting. Really cool experience.

[–] Mischala@lemm.ee 2 points 1 year ago

I did jury duty a bit over a year ago. It was a really interesting experience to see the machinary of the justice system operating.

I was chairperson in our jury. Reading our verdict to the court, with the accused sitting maybe 10 meters away was quite nerve-wracking. But, we did the right thing, justice was dispensed that day.

[–] stephenc@lemmy.world 7 points 1 year ago (2 children)

"No slavery or involuntary servitude" and then forces you to serve, involuntarily, in their army if they can't get enough fools to volunteer for a war.

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[–] half_fiction@lemmy.dbzer0.com 7 points 1 year ago (1 children)

Was there no hardship exception where you were? That's unreal. I'm pretty sure they asked at the beginning of the selection process when I served if anyone needed to be dismissed for financial hardship. I think they even used not being able to pay for food as an example of what meets the threshold for an actual hardship.

My trial ended up lasting about 3 weeks and I want to say my check was around $115 and included "mileage"... Lol. I was unemployed at the time, otherwise I would have been pissed. Definitely not doable for a lot of people.

[–] fubo@lemmy.world 5 points 1 year ago

"My boss is demanding I break the law" is not a legitimate hardship for the juror; rather, it's a crime being committed against the juror.

[–] dystop@lemmy.world 3 points 1 year ago (1 children)
[–] TurnItOff_OnAgain@lemmy.world 11 points 1 year ago (1 children)

Yes. It may vary by location, but in my area you get $15 a day from the court for going to jury duty. Employers are not required to pay you for time you are on jury duty.

[–] Spaceman2901@kbin.social 5 points 1 year ago (2 children)

Not even enough to cover parking and lunch.

[–] HubertManne@kbin.social 2 points 1 year ago

This! Further where I am at its not limited to like your closest courthouse or closest three or even like closest plus the big downtown one. To boot some are in pretty dangerous neighborhoods.

[–] TurnItOff_OnAgain@lemmy.world 2 points 1 year ago

My area gives you a parking pass for free parking, and if you are there past Noon they buy you lunch.

[–] lynny@lemmy.world 26 points 1 year ago (1 children)

This isn't malicious compliance, it's compliance with the law to the very letter. Good job.

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[–] Xylinna@lemmy.world 19 points 1 year ago (2 children)

I remember this post from Reddit. I never understood how employers could be this dense when it comes to jury duty. I'm glad they got called out.

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[–] ApeCavalryArt@lemmy.world 14 points 1 year ago

Thank you for your service. I don't mean the boss thing, that part is awesome. I mean actually serving jury, people need their fair trials

[–] demvoter@kbin.social 14 points 1 year ago (7 children)

That is awesome. I don’t get why people don’t want to serve on juries anyway? It’s a civic duty and it will probably be only once in your life. It’s an interesting experience!

[–] Mnemnosyne@sh.itjust.works 18 points 1 year ago* (last edited 1 year ago) (5 children)

It is interesting, but it's also frustrating, and forced, effectively uncompensated work. I say 'effectively' uncompensated because they pay you a token amount that may have been adequate 100 years ago but now is not. Indeed, many people wind up making negative money when taking in the cost of travel and food, to say nothing of actual missed pay from their normal job.

That said it is actually kind of easy to get out of it if you really want to most of the time. When I served, the judge accepted any reasonable excuse from those who needed to leave. The most annoying part though was that it felt like the attorneys liked wasting time on irrelevant bullshit.

Additionally, when the judge asks if there's any reason you can't serve you can state you will never vote against your conscience regardless of the law, and that if you don't believe a person should be punished you will not vote them guilty no matter what the law says. They do not want and will not take someone who votes their conscience above all else.

[–] derioderi0@lemmy.world 8 points 1 year ago (2 children)

Unfortunately, the easiest way to get out of jury duty is to be a scientist, engineer, or lawyer. No attorney with half a brain wants anyone of those three professions to be on a jury deciding the fate of their client.

[–] purpleball@lemmy.tancomps.net 4 points 1 year ago

Well, my neuroscience professor told us the story where he served on a jury that related to brain injury. He thought it was odd they didn't have a problem with him.

As an aside, the defendant's expert witness explained some findings of 2 men, Santiago Ramón and Cajal. He then questioned to himself how much of an expert the witness was if he didn't know that Santiago Ramón y Cajal was the name of a single man.

[–] DanglingFury@lemmy.world 1 points 1 year ago

It's this true? I've never heard this before

[–] lynny@lemmy.world 3 points 1 year ago (1 children)

You can also just say you understand the concept of "jury nullification" and that will get the prosecutor and judge wanting you out ASAP.

[–] derioderi0@lemmy.world 2 points 1 year ago (1 children)

If you truly believe in jury nullification, you won't mention it to the judge or prosecutor though...

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[–] AlataOrange@lemmy.world 2 points 1 year ago* (last edited 1 year ago) (1 children)

Can you get in trouble for telling a judge that you do not believe that the court is inherently ethical and that you will only vote on the basis of your personal set of ethics?

See the courts upholding: slavery, the criminalization of certain people marrying, the infringement of other people's rights, etc... Repeatedly throughout US history.

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[–] AA5B@lemmy.world 2 points 1 year ago* (last edited 1 year ago)

I’ll forever be annoyed at myself for a reply that got me out of jury duty.

I do understand the importance of the concept and I am willing to serve. My only objection so far is how wasteful it can be. I got called up several years in a row …. To miss work and sit in a dingy basement all day until being excused as “not needed”. I even understand the point that the court has to be ready, but there’s got to be a way to make it less inconvenient to “stand by”.

So the one time my jury duty might have turned into doing something useful for society in return for my inconvenience , I get called to the bench and was asked a few questions. Unfortunately I got hit with anxiety and babbled something that I recognized afterwards as the exact opposite as intended, and was immediately excused.

Edit: fine, I’ll say it. The people who would use it to get out of jury duty probably wouldn’t take their responsibility seriously anyway. I attempted to say something like “I hold the police to a higher standard as a witness since that is their job”, and it came out as “yes, I always believe the police”. Wtf?

[–] CoderKat@kbin.social 13 points 1 year ago (1 children)

You often don't get paid or don't get paid nearly enough. Too many people like paycheque to paycheque to be able to do that.

And in extreme cases, you can get sequestered, where you're expected to basically put your life on hold for the duration of the trial, which complete bullshit and feels as if you're being punished.

[–] ShadowRunner@kbin.social 7 points 1 year ago (3 children)

Sequestering is absolutely not bullshit. It's done for very important reasons and judges are very careful about not ordering it unless it's truly necessary.

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[–] dragontamer@lemmy.world 6 points 1 year ago (2 children)

and it will probably be only once in your life.

Said like a suburbanite.

The structure of USA's society is that everyone travels to cities to work (where the office and/or restaurants / hangout spots are), but then travels to suburbia to sleep / pay taxes.

This means that the cityfolk are constantly doing jury duty for all the suburbanite visitors. Someone who lives in an urban area is pretty much going to get selected for jury duty as often as legally allowed.

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[–] Chailles@lemmy.world 4 points 1 year ago

Once in my life? Please, I'm coming on to my third jury duty, 3 times too many if you ask me to basically not get paid for however long it is.

[–] Tangent@lemmy.world 2 points 1 year ago

I've been on a jury a couple of times myself. The first time was boring and was a frustrating case. The second time was disturbing but very interesting and definitely a satisfying experience.

I understand that not everyone wants to serve if their employer doesn't pay them; it can be a burden. Luckily mine does so I always look forward to summons in the hopes I get on a jury now.

[–] ech0@lemmy.world 2 points 1 year ago* (last edited 1 year ago)

Because people can't afford to. Most employers won't pay you during that time. The court pays you like $15 a day which probably doesn't cover your parking and lunch.

Depending how long you have to serve you can lose out on hundreds or thousands of dollars.

Most of America is living paycheck to paycheck. So being summoned is basically a death sentence for a lot of people.

[–] JonsJava@lemmy.world 2 points 1 year ago

I was called to jury duty in Arkansas back in '17. I actually WANTED to participate, but sadly, my spouse wanted to move out of state. When doing the initial court appearance, it was explained that if we received a ticket for parking within x blocks, bring the ticket to the court, and they would solve it. Sure enough, I had a ticket. I took it to the court, and I never heard anything more about it. When I moved, I still had 5 months of eligibility. I called they court, explained my move, and that was it.

We live in this country and gain all the benefits, so we should expect (and WANT) to perform our civic duty.

[–] cashews_win@lemmy.world 9 points 1 year ago

This is Justicce Porn and I approve.

[–] darkmatterstyx@lemmy.fmhy.ml 6 points 1 year ago (2 children)

You got paid, because it's required by law that you do. Your boss is also required by law to not interfere with your service. It awesome that the judge held up the law. They would normly just dismiss you because it would take up time they don't have.

[–] nameless_prole@kbin.social 16 points 1 year ago

You got paid, because it’s required by law that you do.

That's not true. Maybe it varies from state to state, I dunno, but I live in an otherwise very blue state, and there's no statute on the books saying that a private employer must pay for time missed for jury duty.

They are required to allow you to go if you're summoned, but beyond that, it's their choice. Obviously, most (if not all) choose not to.

[–] Liontigerwings@kbin.social 2 points 1 year ago

Probably wanted to make an example out of the boss.

[–] Hypersapien@lemmy.world 5 points 1 year ago

I'm 49 and I got a notice for jury duty for the first time a couple months ago. You had to call a number every evening to see if you had to come in the next day. I never had to come in. In fact only one day that week had anyone coming in.

[–] Hikermick@lemmy.world 3 points 1 year ago

Your boss should have asked you to try and reschedule your jury duty if he needed you that badl for an event. I got summoned, called them up in advance and explained my work load slows down on the summer and could I come in then? They postponed it no problem

[–] regex1883@lemmy.world 3 points 1 year ago

I got a jury duty summons last year and thank god I didn't get selected. The judge stated they expected the case to take 4 months. I never heard of anything like this before.

Hell yeah. Sounds like you were definitely in the right, it’s your civic duty to do jury duty when you can

[–] overzeetop@lemmy.world 1 points 1 year ago (2 children)

Been called twice. Been dismissed by an early strike by one of the attorneys both times. Nobody wants me.

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