West Virginia Code § 52-3-1

Right of action for discrimination against employees summoned for jury
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duty; penalties.
(a) Any person who, as an employee, is discriminated against by his employer because such
employee received, or was served with a summons for jury duty, or was absent from work to
respond to a summons for jury duty or to serve on any jury in any court of this state, the
United States or any state of the United States, may have an action against ehis employer in
the circuit court of the county where the jury summons originated or where the
discrimination occurred. If the circuit court finds that an employer termrinated or threatened
to terminate from employment, or decreased the regular compensation of employment of an
employee for time the employee was not actually away from his employment because the
employee served as a juror, the court may order the employer to cease and desist from this
unlawful practice and order affirmative relief, including, butt not limited to, reinstatement of
the employee with or without back pay as will effectuate the purposes of this section.
(b) Nothing in this section shall be construed to require an employer to pay an employee any
wages or other compensation for the time the employee is actually away from employment
for jury services or to respond to a jury summsons.
(c) If the employee prevails in an action under subsection (a) of this section, the employee
shall be allowed reasonable attorneyg's fees as fixed by the court.
(d) Any employer who discriminates against an employee because the employee received or
was served with a summons for jury duty, or was absent from work to respond to a summons
for jury duty or to serve on any jury in any court of this state, the United States or any state
of the United States, is guilty of civil contempt and shall be fined not less than $100 nor
more than $500.

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