Talk about a rock and a hard place... My wife issue...

[diabeticman]

As some of you know My wife got the great joy of Federal Grand Jury duty. Thanks to this selection our lives are basically put through hell for 18 months.


Now my wife is a care attendant for physically challenged people so that they can stay in their homes and not get stuck in nursing homes.


She is now basically relegated to on-call (being a fill in) because people to not want her as staff because of her having to miss 1 to 3 days once a month. She personally doesn't blame the individual as it has to do with a trust and dependability issue these clients may have. She explains the Client needs to know that you are going to be there. That they don't want to have to worry about a stranger (or new person) being there and having to worry if they can't make a doctor's appointment because my wife isn't there to take them to the doctor.

She may know info that the individual may need the doctor to know or may explain it better.

What is really frustrating to her is the fact that her company seems to purposely calling her for shift she can't possibly fill.

WHEN SHE first got hired she told them that I work night shift and we share one car so she could ONLY WORK from 9am - 9pm daily. She asked if that can be doable in the company. They told her no problem.

TODAY she gets a call from one of the supervisors claiming they are trying to give her hours could she possibly work 7am - 3pm she said I'm sorry my husband doesn't get home til 8 am. NO let me see if you can get there at 8 or a little after 8. They then asked well can you do 4pm - 12am. Again my wife reminded them I work night shift and needed the car.

The sarcasm and BS in the tone of the supervisor's voice as she said to my wife "I'm TRYING to give you hours." My wife just wanted to drive down to the office and slapped her in the face.

I'm helping her get her resume together so she can find another company but she's deeply concerned she is screwed and right now she only getting a solid 8 hours a week.

[unblock]

1. isn't this the sort of thing that usually gets people out of jury duty?

my only personal experience is with petit jury, i don't know if grand jury is different in this regard, but i would think if it's effectively making meaningful work impossible, that would certainly seem to be a valid excuse.

[diabeticman]

2. Judge wasn't listening to any excuse. Woman was a single mother hand he didn't care.

he only excused one person and that's the one he had arrested.

[Smilo]

4. Wow - that seems really harsh.

Sorry diabeticman - but give it a try anyway - you just never know - he may have a minute where he is benevolent.

[unblock]

6. wow, that certainly sucks.

i imagine you've explored other transportation solutions?

car rental, carpooling, biking, etc.?

[diabeticman]

7. I work night shift out of town. I work at a hotel and due to HIPPA she can't get a carpool going

buses in our town stop running at 6 pm and doesn't go all the places my wife may need to be at.

[Llewlladdwr]

12. How does HIPPA affect one's ability to participate in a car pool? nt

[diabeticman]

13. She goes to individuals houses to work with them so they are NOT in nursing homes.

My wife believe in keeping clients info as private as possible. Some may view showing a client's address to a third party as an invasion of HIPPA

[Llewlladdwr]

14. Thank you.

Would this apply if everyone in the carpool worked for the same company? This is a very confusing topic and I appreciate the info!

[diabeticman]

15. company don't offer car pools as a rule. Everyone work various times and various clients in and out

of the city.

One person could work at one house from 7am to 3pm

another have a shift from 9am-12pm

third may work 6pm to 10pm

generally they are not in one compound or anything they are thoughout the city in homes and apartments.

[Llewlladdwr]

16. Got it.

Doesn't sound like a carpool would be effective anyway if worksites are geographically scattered and shifts are non-concurrent.

Thanks again for the info. Good luck on finding a solution!

[Smilo]

3. I think you have a case for "undue hardship or extreme inconvenience."

Excuses from Jury Service

Each of the 94 federal district courts maintains its own jury procedures and policies regarding excuses from jury service. Many courts offer excuses from service, on individual request, to designated groups of persons or occupational classes. Such groups may include persons over age 70; persons who have, within the past two years, served on a federal jury; and persons who serve as volunteer fire fighters or members of a rescue squad or ambulance crew.

The Jury Act also allows courts to excuse a juror from service at the time he or she is summoned on the grounds of "undue hardship or extreme inconvenience." The juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship.

Excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity.

http://www.uscourts.gov/FederalCourts/JuryService/JurorQualificaitons.aspx

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Give it a try - they can only say no - and may be you can both get your lives back. Good luck.

[diabeticman]

5. She was going to write one of those letters but basically the whole forum was told by the clerk and

judge that jobs are not an excuse because we are only asking for 1 to 3 days of your time once every 5 weeks but the way it lands she's going once a month.

[unblock]

8. that doesn't seem like an unreasonable position *in general* but your wife's specifics are different

bigger employers have to give you the time off by law, and if all you're losing is the actual hours, it's not unreasonable for them to deem that a reasonable sacrifice in the name of doing your civic duty.

however, it appears your wife, due to the nature of her job, is losing far more than the actual hours due to the nature of the required commitments. so she's being asked to make a far greater sacrifice than i think was intended.

i would try to make that case. it might even be worth it to get a lawyer to help, especially if you can find one who knows this particular judge.

[diabeticman]

9. I'll tell her to maybe talk to the jury clerk responsible for her panel about the issue

[unblock]

10. best of luck. imho, after 18 months she's certainly done her duty.

[Smilo]

11. Get the wife's supervisor to write a

letter stating that her being away is causing harm and undue hardship to the people she is responsible for.

And really how long should someone stay in the jury pool? Seems to me she has a control freak as a judge and the clerk is probably too scared to say anything.