(a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee's jury service, or the attendance or scheduled attendance in connection with such service, in any court of the Territory of the Virgin Islands provided that such employee presents written evidence from the court indicating that such jury duty was served.
(b) Any employer who violates the provisions of this section—
(1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation;
(2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and
(3) shall be subject to a civil penalty of not more than $1,000 for each violation as to each employee.
(c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave-of-absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave-of-absence in effect with the employer at the time such individual entered upon jury service.
(d) An individual claiming that his employer has violated the provisions of this section may make application to the Superior Court and the Court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the Court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid from appropriations made for payments to attorneys and pursuant to the procedures of Title 5, section 3503 of this code, to the extent found reasonable by the Court.
(e) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may award a prevailing employer a reasonable attorney's fee as part of the costs if the court determines that the action is frivolous, vexatious, or brought in bad faith.