[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Employer's Name] [Employer's Address] [City, State, ZIP Code] Subject: Request for Employee's Jury Duty Release Dear [Employer's Name], I hope this letter finds you well. I am writing to inform you about an important civic duty that has been assigned to one of our valued employees, [Employee's Name], who has been summoned for jury duty in the state of West Virginia. As [Employee's Position] at [Company Name], their presence is indispensable for day-to-day operations within the organization. West Virginia law recognizes the significance of jury duty as an essential aspect of our democracy and, therefore, shields employees from any negative consequences resulting from serving on a jury. The purpose of this letter is to kindly request your cooperation in granting [Employee's Name] the necessary time off to fulfill their civic duty. As outlined in Section [Relevant Section Number] of the West Virginia Code [West Virginia Code Citation], employers are mandated to release employees for jury duty. The law states that employers are strictly prohibited from discharging, disciplining, or retaliating against employees who are summoned for jury service. Furthermore, the law stipulates that employers cannot require employees to use their vacation, sick leave, or personal time for the time spent fulfilling jury duty obligations. I kindly request that you make the appropriate arrangements to accommodate [Employee's Name]'s absence during the jury duty period, which is scheduled to commence on [Jury Duty Start Date]. The anticipated duration of [Employee's Name]'s service is [Number of Days/Weeks] but may be subject to change depending on the demands of the ongoing trial. During this time, I assure you that we will make every effort to minimize disruption to our workflow. We have devised a plan to redistribute [Employee's Name]'s responsibilities among team members to ensure uninterrupted operations. In the spirit of teamwork, I kindly request for your support in facilitating a smooth transition during this period. It is crucial to note that serving on a jury is not only an obligation but also an educational experience that greatly benefits individuals and society as a whole. By supporting our employees in fulfilling their civic duty, we actively contribute to upholding the integrity of our judicial system and reinforcing our commitment to the fundamental principles of justice. I kindly request that you acknowledge this letter in writing and provide us with a copy stating your understanding and compliance with the West Virginia laws regarding employees' jury duty rights. Additionally, we kindly ask that you keep us informed of any developments or changes in the scheduling that may affect [Employee's Name]'s jury duty responsibilities. Thank you for your attention to this matter, and we appreciate your cooperation and support. If you have any questions or require further information, please do not hesitate to reach out to me at [Your Phone Number] or via email at [Your Email Address]. We value our employees and their dedication to their civic responsibilities, and we remain committed to maintaining a strong and harmonious workplace environment. Sincerely, [Your Name] [Your Title/Position] [Company Name] [Enclosure: West Virginia Code Citation and Relevant Section]
West Virginia Sample Letter for Employer Requesting Employee's Jury Duty Release
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FAQ
Non-exempt employees are paid for time worked. Therefore, there is no federal legal requirement (nor Virginia requirement) to pay these employees for jury duty, since this is time not worked. Some employers may voluntarily choose to pay employees (exempt and non-exempt) for jury duty.
An employer cannot refuse to allow an employee time off work if they have been summoned for jury service, as a juror is required to attend by the Juries Act 1974. A refusal to allow the employee the required amount of time off work would place the employer in contempt of court.
No. While courts can pay travel costs, subsistence allowances and allowances for loss of earnings and other financial loss to individuals who attend jury service, no payment is made to third parties such as employers.
Employers must allow an employee time off for jury service, although employees can ask for a delay if it will harm the business, but can only delay once in a 12-month period. Jury service in most cases is an average of ten working days but may be longer or shorter depending on the case.
When writing your or your employee's jury duty excuse letter, you must include basic information like the juror number, date, and your mailing address. You also need to include the clerk's information. Include detailed information about why you or your employee needs to be excused from serving jury duty.
You may be excused from jury duty by the court if you can show that it will pose an undue hardship or extreme inconvenience for you or the public. Whenever possible you should put your request in writing and direct it to the presiding circuit judge.
The jury clerk will notify you either by telephone and/or written notification immediately upon receipt of the Judge's reply to your request. A juror should not assume a request will be granted. An unexcused absence may result in a charge of contempt of Court and a subsequent fine and/or imprisonment.
Under Federal law, a person cannot be required to serve jury duty more often than once every two years.
