40.1-57.1 - Appeal by employer for reemployment of terminated employee. - Virginia Statutes

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

Notwithstanding any provision of law to the contrary, in the event that theemployer of an individual terminated under this article deems it necessaryfor the protection of the public welfare that such individual be reemployedwithin the twelve months following his termination, the employer may, withinninety days after the date of the declaration of ineligibility, appeal to thecircuit court of the county or the circuit court of the city in which theindividual was employed by filing a petition therein setting forth thereasons why the public welfare requires reemployment. A copy of the petitionshall be served upon or sent by registered mail to the former employee, whomay file an answer therein ten days after receiving the same. The court orthe judge thereof in vacation shall notify the employer and former employeeof the time and place of the hearing on the appeal, such hearing to be denovo and to be held as promptly as possible. The court shall hear suchtestimony as may be adduced by the respective parties and render judgment inaccordance with the law and the evidence. Such judgment shall be final.

(1972, c. 792.)