§ 40.1-57.1 — Appeal by employer for reemployment of terminated employee

Virginia § 40.1-57.1

• Jurisdiction: Virginia
• Title 40.1: LABOR AND EMPLOYMENT
• Ch. 4: LABOR UNIONS, STRIKES, ETC
• Art. 2: STRIKES BY GOVERNMENT EMPLOYEES

Text

Notwithstanding any provision of law to the contrary, in the event that the employer of an individual terminated under this article deems it necessary for the protection of the public welfare that such individual be reemployed within the twelve months following his termination, the employer may, within ninety days after the date of the declaration of ineligibility, appeal to the circuit court of the county or the circuit court of the city in which the individual was employed by filing a petition therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition shall be served upon or sent by registered mail to the former employee, who may file an answer therein ten days after receiving the same. The court or the judge thereof in vacation shall notify the employer and former employee of the time and place of the hearing on the appeal, such hearing to be de novo and to be held as promptly as possible. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.

Legislative History

1972, c. 792.