Refusal to sign ‘unreasonable’ car policy does not bar unemployment benefits

Pro Se Must Comply With Rules

By Deborah Elkins
Published: March 9, 2012
Tags: Per Curiam Opinion, Unemployment Comp, Virginia Court of Appeals

The Court of Appeals summarily affirms a circuit court determination finding claimant ineligible for unemployment compensation benefits: the totality of claimant’s noncompliance with the rules is significant, he failed to remedy defects after notice from the court and presents no argument challenging the circuit court ruling that he failed to comply with mandatory statutory requirements [...]

Fear of Firing Not Reason to Quit

By Deborah Elkins
Published: February 2, 2012
Tags: Judge D. Arthur Kelsey, Unemployment Comp, Virginia Court of Appeals

Although a truck dispatcher said she did not receive sufficient training and she quit her job because she feared she would be fired, her apprehension was not good cause to leave her job, and the Court of Appeals affirms the denial of unemployment compensation. The Virginia Employment Commission found claimant’s reason for quitting was not [...]

Fitness Club Employee Fired for No ‘Fight Night’

By Deborah Elkins
Published: December 13, 2011
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Unemployment Comp, Virginia Circuit Courts

A Fairfax Circuit Court says an employee terminated from his employment at a fitness club is barred by misconduct from collecting unemployment compensation through the Virginia Employment Commission, as he was terminated for his failure to plan and promote a “fight night” charity event at the club. The issue here is whether there is sufficient [...]

Welfare Fraud Conviction is Workplace ‘Misconduct’

By Deborah Elkins
Published: December 1, 2011
Tags: Judge Robert J. Humphreys, Unemployment Comp, Virginia Court of Appeals

Although a Wal-Mart merchandising supervisor had never been disciplined on the job and self-reported her guilty plea to felony charges of welfare fraud, her criminal conduct outside work constituted workplace misconduct that bars her from receiving unemployment compensation, the Court of Appeals says. Claimant does not dispute the validity of Wal-Mart’s decision to terminate her [...]

MS, job stress not ‘good cause’ to quit

By Deborah Elkins
Published: March 14, 2011
Tags: Judge Clifford R. Weckstein, Roanoke Circuit Court, Unemployment Comp, Virginia Circuit Courts

Although claimant made the “perfectly understandable decision,” as a single mother with no family in Virginia, suffering from MS, to return to Michigan where she had family and a support network, the Virginia Employment Commission committed no error of law in deciding claimant did not show good cause for her voluntary resignation, and a Roanoke [...]

No Chain-of-Custody Issue for Drug-Test Firing

By Deborah Elkins
Published: February 23, 2011
Tags: Judge D. Arthur Kelsey, Unemployment Comp, Virginia Court of Appeals

An employee fired after she tested positive for marijuana is barred from receiving unemployment benefits under Va. Code Sec. 60.2-618(2)(b)(1) even though the document showing the chain of custody for the employee’s random drug test was submitted after the telephonic hearing on her claim; the Court of Appeals upholds the circuit court decision. The employer [...]

Unemployment Comp – Misconduct – Restaurant Inspections

By Deborah Elkins
Published: December 30, 2010
Tags: Fairfax County Circuit Court, Judge Bruce D. White, Unemployment Comp, Virginia Circuit Courts

A manager of a Pizza Hut who was terminated after his restaurant repeatedly failed health inspections cannot collect unemployment benefits as his termination resulted from misconduct, says a Fairfax Circuit Court. Claimant, despite knowledge that additional inspections were scheduled after earlier citations, and certain knowledge that his job was in jeopardy from previous failures to [...]

Unemployment Comp – Misconduct – Rule 5A:8

By Deborah Elkins
Published: September 2, 2010
Tags: Per Curiam Opinion, Unemployment Comp, Virginia Court of Appeals

A university employee who was denied unemployment comp because he had been discharged due to misconduct has not complied with appellate procedural rules and the Court of Appeals cannot consider the nine questions he presents asserting that his actions did not constitute misconduct and the standards of conduct were misused and misapplied. Appellant has not [...]

Unemployment Comp – Medical Receptionist – Insubordination – Patient Departures

By Deborah Elkins
Published: September 1, 2010
Tags: Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Unemployment Comp, Virginia Circuit Courts

A medical receptionist whose insubordination and discourteous conduct caused at least three patients of the medical practice to take their business elsewhere is not entitled to unemployment compensation because he was discharged due to misconduct, in this Roanoke County Circuit Court case. Employer’s testimony was that petitioner, in spite of repeated verbal counseling by his [...]