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Employment Development Department
Employment Development Department

Total and Partial Unemployment TPU 370.1

Jury Duty or Appearance as Witness

A. Jury Duty or Appearance as Witness

Section 1279 provides, in part, that: "For the purpose of this section only ‘wages’ includes any and all compensation for personal services whether performed as an employee or as an independent contractor or as a juror or as a witness . . ."

Accordingly, compensation for services performed as a juror, or a witness constitute wages under Section 1279. Therefore, if a claimant serves as a witness or juror and receives fees that are XE, the claimant is ineligible under Section 1279.

By the same token, if such a claimant is in receipt of fees which are not XE, the claimant may be paid reduced benefits under Section 1279.

This would be true even where a claimant spends the full week as a witness or juror but receives fees which are not XE. This is because Section 1252(a)(4) provides that an individual is "unemployed" in:

"Any week during which he or she performs full-time work for five days as a juror, or as a witness under subpoena."