2007 Legislation Impacts Retailers, Crime Victims and Their Employers

Published on: 4/15/2007

For some time, Virginia law has provided certain protections and rights for crime victims and witnesses (See, Va. Code § 19.2-11.01). In addition to provisions which are intended to insure that victims and witnesses are treated with dignity, sensitivity, and that their privacy is protected (to the extent permissible), the law also provides for certain other rights which are afforded to all victims, including victimized retailers.

For example, it is required that the appropriate authorities (locality's crime victim and assistance program) inform victims that financial assistance may be available and the possible right to file a claim for compensation from the Crime Victim's Compensation Fund (§ 19.2-368.1, et seq.); also, that they may assist the victim in having property held by law enforcement agencies for evidentiary purposes returned promptly; and, to advise that restitution is available for damages or other loss and assist the victim in seeking restitution.

In addition to this existing law, the 2007 Virginia General Assembly enacted a new section (§ 40.1-28.7:2, 2007 Acts, Chapter 423) which deals with certain employment rights when the employee is a victim of a crime. The new provisions are as follows:

  1. Every employer shall allow an employee who is a victim of a crime to leave work to be present at all criminal proceedings relating to a crime against the employee, as long as the employee has provided the employer with a copy of the form provided to the employee by the law-enforcement agency pursuant to subsection A of § 19.2-11.01 and has provided the employer a copy of the notice of each scheduled criminal proceeding that is provided to the victim-employee. However, an employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.
  2. An employer shall not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to paragraph 1 (above).
  3. An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to paragraph 1 (above).
  4. An employer shall not refuse to hire or employ, to bar or to discharge from employment, or to discriminate against, an individual in compensation or other terms, conditions, or privileges of employment because the individual leaves work to attend a criminal proceeding pursuant to this section.

This statute further defines a "proceeding" very broadly, and defines "undue hardship" as "a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee."

(First published in the April/May 2007 issue of The Retail Review, newsletter of the Virginia Retail Merchants Association.)