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.
1972, c. 792.
Structure Code of Virginia
Title 40.1 - Labor and Employment
Chapter 4 - Labor Unions, Strikes, Etc.
§ 40.1-52. Authority of labor unions to own, encumber and sell real estate
§ 40.1-53. Preventing persons from pursuing lawful vocations, etc.; illegal picketing; injunction
§ 40.1-54.1. Public policy as to strikes and work stoppages at hospitals
§ 40.1-54.2. Strikes and work stoppages at hospitals prohibited; penalty
§ 40.1-54.3. Right to vote by secret ballot on labor organization representation
§ 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment
§ 40.1-56. Department head, etc., to notify employee of such termination, etc.
§ 40.1-57. Appeal by employee from declaration of ineligibility
§ 40.1-57.1. Appeal by employer for reemployment of terminated employee
§ 40.1-57.2. Collective bargaining
§ 40.1-57.3. Certain activities permitted
§ 40.1-58.1. Application of article to public employers and employees
§ 40.1-59. Agreements or combinations declared unlawful
§ 40.1-60. Employers not to require employees to become or remain members of union
§ 40.1-61. Employers not to require abstention from membership or officeholding in union
§ 40.1-62. Employer not to require payment of union dues, etc.
§ 40.1-63. Recovery by individual unlawfully denied employment
§ 40.1-64. Application of article to contracts
§ 40.1-65. Agreement or practice designed to cause employer to violate article declared illegal
§ 40.1-66. Conduct causing violation of article illegal; peaceful solicitation to join union
§ 40.1-67. Injunctive relief against violation; recovery of damages
§ 40.1-68. Service of process on clerk of State Corporation Commission as attorney for union
§ 40.1-69. Violation a misdemeanor
§ 40.1-70. Department designated agency to mediate disputes
§ 40.1-72. Commissioner to notify Governor of disputes; mediation and conciliation
§ 40.1-73. Commissioner to keep Governor informed of negotiations, etc.
§ 40.1-75. Article not applicable when National Railway Labor Act applies