Legal Question in Workers Comp in Virginia
Wrongful Termination
I was successfully defended in a termination action last year. The federal agency I work for refuses to reimburse me for the $28,000 in legal fees I incurred proving that the allegations against me were false. I would like to sue for the legal fees, loss of overtime income, and the severe emotional distress I was under for 5 months while on administrative duties.
1 Answer from Attorneys
Re: Wrongful Termination
You should consult with the person(presumably an attorney)who defended you in the termination action to determine whether the attorney fees and the other damages you've described are compensable under current OWCP rules.
It is very unlikely that you would be able to sustain a viable suit in state court on these claims due to federal preemption or other applicable rules that would keep your case from being heard in state court. I would also doubt that there would be any credible basis to challenge or appeal the agency decision in federal court.
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