Jury duty. 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.
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 of an employee because he or she has been summoned for or is absent because of jury duty (WV Code Sec. 61-5-25a).
Court appearance. Employers may not terminate an at-will employee because that employee has given or is called to give testimony in a legal action (Paige v. Columbia Natural Res. Inc., 480 S.E.2d 817 (1996)).