                                 CODE OF VIRGINIA

APPEAL BY EMPLOYER FOR REEMPLOYMENT OF TERMINATED EMPLOYEE (§ 40.1-57.1)

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.

HISTORY: 1972, c. 792.