Legal Question in Employment Law in Virginia

The reason I lost my job was for cause, (e.g. loss of access to military base) and not able to reach the civilian building onbase where I worked. The company put me on administrative leave for one-week, then terminated for cause because they waited to see if my access was restored; however, it has not been restored. While stopped at a sobriety checkpoint, I blew into the device multiple times but there was no register (by the way I do not drink alcohol) so, instead of getting pulling off to the side of the base exist gate, I drove off in a panic attacked. I have a document history history in my military medical records for anxiety and panic attacks of 15 years and take medicine, but on that day in rare occasion I did not have with me or was able to take my medicine for calm. At the 2nd level appeal (e.g. Commission), the Commissioner denied the inclusion of medical evidence showing panic attack history. I appealed 3rd time to circuit court, but the judge dismissed the case because I did not include the $84.00 and judge disapproved C1414 request for wavier of fee. Do I have chance to appeal to the state superior court because there is a lot of money involved (eight months of unemployment benefits)

Asked on 8/19/11, 12:46 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, you can appeal the decision of the circuit court to the Virginia Court

of Appeals but this judicial review is likely to be limited

only to issues of law rather than the facts as determined by the VEC.

Va. Code Sec. 60.2-625(A)

Answered on 8/19/11, 5:58 am

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