Legal Question in Employment Law in Virginia

I was fired from my job the same week i qualified for insurance also I was sick and was in the hospital. I had to prove to VA unemployment that I was in the hospital which I did and they granted me unemployment they also sent me a letter explaining to me that my employer was in the wrong. This company has a high turn over rate. I live in a small town and seem to be one of the few that as ever gotten unemployment from them after being fired. No one wants to challenge this company but I did and won unemployment. The same day I was granted unemployment they filed that they hired me back then re fired me. I couldnt believe it they gave me no notification of this. The owner has lots of money and likes to bully people around with his money. I guess he feels that since he has money he can do whatever he wants. I have a feeling that since we live in a small town he is giving me a bad reference. I am very skilled and have many great references from every company I have ever worked for. My question is do I have a case against this company for letting me go the same week I qualified for health insurance and while I was sick. I do have documents from The state of Virginia that they were in the wrong and medical documents that I was hospitalized.


Asked on 10/05/12, 10:57 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, very likely you do not (in my opinion) if you mean

a viable case for civil damages against this employer

for rehiring you and then discharging you again since Virginia

is an employment at will jurisdiction where employees can

be fired for nearly any reason that dosen't violate federal/

state anti-discrimination laws. (This assumes that you have no

contract or collective bargaining type of agreement under which

you could claim recourse.)

Your remedy under the circumstances described is likely

limited to refiling for unemployment benefits (if such proves

necessary to have your claim go forward).

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Answered on 10/07/12, 12:54 pm


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