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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>363472</law_id><section_number>40.1-57.1</section_number><catch_line>Appeal by employer for reemployment of terminated employee</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="89" identifier="40.1">Labor and Employment</unit><unit label="chapter" level="2" order_by="7" identifier="4">Labor Unions, Strikes, Etc</unit><unit label="article" level="3" order_by="1" identifier="2">Strikes by Government Employees</unit></structure><text>
						<section><p>Notwithstanding any provision of <span class="dictionary">law</span> to the contrary, in the event that the <span class="dictionary">employer</span> 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 <span class="dictionary">employer</span> may, within ninety days after the date of the declaration of ineligibility, <span class="dictionary">appeal</span> to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the city in which the individual was employed by filing a <span class="dictionary">petition</span> therein setting forth the reasons why the public welfare requires reemployment. A copy of the <span class="dictionary">petition</span> shall be served upon or sent by registered mail to the former <span class="dictionary">employee</span>, who may file an answer therein ten days after receiving the same. The <span class="dictionary">court</span> or the <span class="dictionary">judge</span> thereof in vacation shall notify the <span class="dictionary">employer</span> and former <span class="dictionary">employee</span> of the time and place of the <span class="dictionary">hearing</span> on the <span class="dictionary">appeal</span>, such <span class="dictionary">hearing</span> to be <span class="dictionary">de novo</span> and to be held as promptly as possible. The <span class="dictionary">court</span> shall hear such <span class="dictionary">testimony</span> as may be adduced by the respective parties and render <span class="dictionary">judgment</span> in accordance with the <span class="dictionary">law</span> and the <span class="dictionary">evidence</span>. Such <span class="dictionary">judgment</span> shall be final.</p></section></text><history>1972, c. 792.</history><metadata></metadata></law>
