In West Virginia, citizens are summoned for jury service by random selection from a combined list of persons who are registered to vote, file state personal income tax the preceding year, and hold valid motor vehicle operator licenses. Jurors must be citizens of the United States, residents of the county, at least 18 years old, and able to read and understand the English language. Citizens cannot be excluded from selection because of their race, religion, sex, national origin, economic status, or disability. Jurors with disabilities may request accommodations in order to serve on a jury.
Employees are expected to show the summons to their immediate supervisors. The employer shall excuse the employees from employment for the day or days required to serve on the jury (WV Code Sec. 52-1-21).
Exemption. There are no automatic occupational exemptions from jury duty in West Virginia. Potential jurors may request in writing that they be excused from jury duty or that their date of service be postponed if they can prove undue hardship or extreme inconvenience.
Noncompliance. A person who fails to appear for jury duty or fails to return a jury summons form may be held in contempt and fined up to $1,000 (WV Code Sec. 52-1-24).
Job protection. Under West Virginia law, employers must excuse employees for the day or days they are on jury duty. Violators may be charged with contempt of court and fined between $100 and $500. In addition, any employee terminated in violation of the law may be entitled to reinstatement, back pay, and attorneys' fees (WV Code Sec. 52-3-1).
West Virginia law prohibits an employer from terminating or threatening to terminate, discriminating against, or threatening to decrease the regular compensation ...