{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-57.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-57.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-57.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-57.1.html"}],"law_id":363472,"edition_id":2,"section_id":363472,"structure_id":51867,"section_number":"40.1-57.1","catch_line":"Appeal by employer for reemployment of terminated employee","history":"1972, c. 792.","full_text":"Notwithstanding any provision of law to the contrary, in the event that the employer 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 employer may, within ninety days after the date of the declaration of ineligibility, appeal to the circuit court of the county or the circuit court of the city in which the individual was employed by filing a petition therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition shall be served upon or sent by registered mail to the former employee, who may file an answer therein ten days after receiving the same. The court or the judge thereof in vacation shall notify the employer and former employee of the time and place of the hearing on the appeal, such hearing to be de novo and to be held as promptly as possible. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.\n\n","order_by":null,"text":{"0":{"id":1354564,"text":"Notwithstanding any provision of law to the contrary, in the event that the employer 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 employer may, within ninety days after the date of the declaration of ineligibility, appeal to the circuit court of the county or the circuit court of the city in which the individual was employed by filing a petition therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition shall be served upon or sent by registered mail to the former employee, who may file an answer therein ten days after receiving the same. The court or the judge thereof in vacation shall notify the employer and former employee of the time and place of the hearing on the appeal, such hearing to be de novo and to be held as promptly as possible. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51867,"edition_id":2,"name":"Strikes by Government Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":51865,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447407,"object_type":"structure","relational_id":51867,"identifier":"2","token":"40.1\/4\/2","url":"\/40.1\/4\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51865,"edition_id":2,"name":"Labor Unions, Strikes, Etc","identifier":"4","label":"chapter","depth":2,"order_by":7,"parent_id":51843,"metadata":{"child_laws":32,"child_structures":6},"date_created":"2026-08-02 02:50:21","date_modified":"2026-08-02 12:33:24","permalink":{"id":1447379,"object_type":"structure","relational_id":51865,"identifier":"4","token":"40.1\/4","url":"\/40.1\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51843,"edition_id":2,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":89,"parent_id":null,"metadata":{"child_laws":237,"child_structures":28},"date_created":"2026-08-02 02:49:54","date_modified":"2026-08-02 12:33:22","permalink":{"id":1446725,"object_type":"structure","relational_id":51843,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363470,"structure_id":51867,"section_number":"40.1-55","catch_line":"Employee striking terminates, and becomes temporarily ineligible for, public employment","url":"\/40.1-55\/","token":"40.1\/4\/2\/40.1-55","metadata":false},{"id":363471,"structure_id":51867,"section_number":"40.1-56","catch_line":"Department head, etc., to notify employee of such termination, etc","url":"\/40.1-56\/","token":"40.1\/4\/2\/40.1-56","metadata":false},{"id":363475,"structure_id":51867,"section_number":"40.1-57","catch_line":"Appeal by employee from declaration of ineligibility","url":"\/40.1-57\/","token":"40.1\/4\/2\/40.1-57","metadata":false},{"id":363472,"structure_id":51867,"section_number":"40.1-57.1","catch_line":"Appeal by employer for reemployment of terminated employee","url":"\/40.1-57.1\/","token":"40.1\/4\/2\/40.1-57.1","metadata":false}],"previous_section":{"id":363475,"structure_id":51867,"section_number":"40.1-57","catch_line":"Appeal by employee from declaration of ineligibility","url":"\/40.1-57\/","token":"40.1\/4\/2\/40.1-57","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-57.1\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 792 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":1447421,"object_type":"law","relational_id":363472,"identifier":"40.1-57.1","token":"40.1\/4\/2\/40.1-57.1","url":"\/40.1-57.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-57.1\/","token":"40.1\/4\/2\/40.1-57.1","dublin_core":{"Title":"Appeal by employer for reemployment of terminated employee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-57.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding any provision of law<\/span> to the contrary, in the event that the 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 employer<\/span> may, within ninety days after the date of the declaration of ineligibility, appeal<\/span> to the circuit<\/span> court<\/span> of the county or the circuit<\/span> court<\/span> of the city in which the individual was employed by filing a petition<\/span> therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition<\/span> shall be served upon or sent by registered mail to the former employee<\/span>, who may file an answer therein ten days after receiving the same. The court<\/span> or the judge<\/span> thereof in vacation shall notify the employer<\/span> and former employee<\/span> of the time and place of the hearing<\/span> on the appeal<\/span>, such hearing<\/span> to be de novo<\/span> and to be held as promptly as possible. The court<\/span> shall hear such testimony<\/span> as may be adduced by the respective parties and render judgment<\/span> in accordance with the law<\/span> and the evidence<\/span>. Such judgment<\/span> shall be final.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL BY EMPLOYER FOR REEMPLOYMENT OF TERMINATED EMPLOYEE (\u00a7 40.1-57.1)\n\nNotwithstanding any provision of law to the contrary, in the event that the\nemployer of an individual terminated under this article deems it necessary for\nthe protection of the public welfare that such individual be reemployed within\nthe twelve months following his termination, the employer may, within ninety\ndays after the date of the declaration of ineligibility, appeal to the circuit\ncourt of the county or the circuit court of the city in which the individual was\nemployed by filing a petition therein setting forth the reasons why the public\nwelfare requires reemployment. A copy of the petition shall be served upon or\nsent by registered mail to the former employee, who may file an answer therein\nten days after receiving the same. The court or the judge thereof in vacation\nshall notify the employer and former employee of the time and place of the\nhearing on the appeal, such hearing to be de novo and to be held as promptly as\npossible. The court shall hear such testimony as may be adduced by the\nrespective parties and render judgment in accordance with the law and the\nevidence. Such judgment shall be final.\n\nHISTORY: 1972, c. 792.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}