Human Resource Blog

JSIA in West Virginia

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What should employers in West Virginia know about the JSIA?

Employers in the state of West Virginia need to be aware that the Jury Systems Improvement Act applies to them, just as it applies to employers and employees in states across the country. The Act is a federal Act that is in place in order to ensure that employees can take time away from work in order to serve on a jury without fearing discrimination from their employers.

Employers are prohibited from discriminating against employees that need to take time away from work in order to serve on a jury. Also, employers should not terminate an employee for serving on a jury. If an employer is guilty of either, the employer could have to pay up to $1,000 per instance, per employee. Also, if the employer terminates an employee for reasons that are directly related to the jury duty service, the employer could have to pay for lost wages and benefits.

Employees may be able to postpone the jury duty service for personal reasons, such as a planned vacation or an illness. However, according to the Act, employers should not coerce or attempt to coerce employees to postpone the jury duty service.

When an employee receives notification of the upcoming jury duty service, the employee should be able to notify the employer immediately of the service. The employer may require proof of the service, which can be obtained by providing a copy of the jury duty summons. Also, employers may require proof of service on a daily basis. The employee can provide a letter from the clerk of the court that verifies the service.

Employers should continue to provide employees with normal benefits, such as health care, during their jury duty service. When the employee returns to work at the end of the period of service, the employee should be able to have his or her old job back along with the salary and benefits that they had prior to taking time off for service. CB