Unemployment Tax Advisory Corporation
  Database Service  
  Headlines Clients  
Virginia Unemployment Case Law
These cases are from the Virginia Judiciary Server
Search only VA case law:

He ignored his mail, so he missed his hearing. He's out of luck.
A teacher accused the principal of witchcraft. They told him to knock it off. A few days later, he accused the janitor of witchcraft. They fired him.
He was caught selling pot to another city employee, so the city fired him. He says that's not misconduct. The court says it is.
She filched a computer from the college bookstore. She doesn't think they should fire her for a little thing like that. The court says she does not collect.
Brothers Construction
The construction company maintains that its siding installers are independent contractors, and so they should not have to pay the Unemployment tax for them. Court says pay.
She falsified her employment application, but she doesn't think she should be fired for that. The court says she won't collect.
Central Delivery Services
Couriers for a delivery service are employees, not independent contractors. The delivery service must pay taxes.
He worked at the plant for ten years. It closed. He filed for unemployment. Granted. But the plant hired him temporarily, two days later, and worked him 24 days. He filed again. But now the VEC won't pay him because he did not work 30 days for his last employer: the same employer for whom he worked 18 years!
It was raining so hard that the school bus driver was afraid she could not get through. So she left all the children off at the nearest house and drove home. She was fired. She does not collect.
A truck driver refused to take one last load at the end of the day.
Design Corp.
He chewed out his child's nanny for putting the wrong snowsuit on the child. She demanded an apology. He wouldn't. She gave two weeks notice. He fired her next day. The court thinks she should collect only for the twelve days between when he fired her and when she was going to quit anyway.

See another case where someone gets irate with their nanny, below at Peck. These cases seem unique to Virginia.

A data entry guy cannot enter data fast enough.
A cleaning woman quit her job after only three days because she didn't like the cigarette smoke in the lunch room. The court says she does not collect. A dissenting opinion says she should.
He wouldn't show up on time. So they tried changing his schedule. Then he didn't show up at all.
She went to visit her mother in England. Her mother was seriously ill, so she asked for leave to stay there with her longer. The employer had already told her she couldn't stay there long. Now they said she had quit. The court says she collects.
This mailman was playing tennis when he was on disability. He also admits he intentionally delivered mail to the wrong place. He does not collect.
A sales manager sexually harassed a saleswoman while on a road trip.
A garbage man was fired because he refused to bag customers' garbage when they had neglected to. He does not collect.
He worked for the county. He hurt his back in November. He went to the doctor in February. The doctor told him to stay off work for two months. He told his supervisor. The supervisor told him to bring a doctor's note. He did. But the supervisor did not hand the note to the county personnel office until after the guy had been fired for not showing up. So why is it that this guy cannot collect unemployment?
She quit to take care of family problems. Now she says the doctor was hateful to her.
While she was collecting worker's comp, this letter carrier worked cleaning houses and grooming dogs. When the post office found out, they fired her. The court says she does not collect.
He said he had a tummy ache, and so he didn't show up for work until noon. He got fired. Now he appeals. This court says he won't collect.
Her appeal only contained hearsay, so they won't hear it.
He appealled a month too late
JPS Converter
Petty stuff. Someone left a box of candy on the boss's desk. She opened the note attached to the box. The candy wound up in the trash can. A year later, they fired her for it. She collects.
A tax firm hired a receptionist during the brief tax season. When the season was over, she was out of work.
When he got hurt on the job, he found to his surprise that the employer did not carry worker's comp. When he found that out, he quit.
This poor old woman subsisted on a measly $208 a week unemployment for a year and a half, while she wrassled with Social Security which tried to get out of paying her. She finally did pry her benefits out of Social Security. But now the VEC wants her to pay back everything she got from Unemployment during the time that Social Security should have paid her but didn't. And this court says she has to cough it up. What do you want to bet the State spent ten times as much squabbling over this grandmother's pittance than what it would have cost to let Mamie have it. Screwed by one bureaucrat after another; it just don't pay to be poor.
The nanny volunteered to pick up some boxes to pack stuff in. But she didn't do it quick enough, so the wife got upset and fired her. Now the hubby tries to prevent the nanny from collecting unemployment.

See another case where someone gets irate with their nanny, above at Design Corp. These nanny cases seem unique to Virginia.

Physical Therapy Works
A home care agency offered two months off in summer for mothers of schoolchildren who could not work during summer vacation. These aides can collect unemployment while home caring for their children.
She'd just had minor back surgery. The boss asked her to stock shelves. She didn't want to. The boss said "Well, you might as well go home, then." She did, and never came back. At the hearing, she claimed sexual harassment. Court says she doesn't collect.
Porter Blaine
A construction company maintains that its drywall installers are independent contractors, and so they should not have to pay the Unemployment tax for them. Court says pay.
She appealed too late. They won't listen.
A supervisor pinched her butt. She complained to another supervisor. The company did nothing. Then a supervisor grabbed her boob. She went to personnel. They talked to the supervisor. But she did not want to go back to work there. She does not collect.
She said she was out on disability, but she would not fill out her forms, so they said she quit. The employer did not show up at the hearing, but she did not object to their documents at the time. She does not collect.
The company converted his salary to an hourly rate. It came to the same amount of money, but he quit anyway. He does not collect.
She walked out mid-shift on her fifth day, because she said the short order grill stressed her out. Now she's marching through the courts trying to collect Unemployment, on the grounds that the employer as much as fired her by assigning her to the grill.
First, they fired her. Then, three weeks later, they offered her back her old job, but without seniority nor vacation. She refused. She does not collect.
She got into a pretty entertaining spat with a customer, so they fired her. The court says she does not collect.
She quit three times before because she couldn't get along. She claims a man sexually harassed her because he called her "Queenie". This time when she quit, they wouldn't let her come back. The court says she doesn't collect
When her babysitter quit, she had to stay home.
A custodian quit her job because her joints hurt. She won't collect because she didn't get a doctor's note.
Wells Fargo
A novice burglar alarm salesman managed to sell a half million dollar deal! Instead of keeping this dynamite new salesman happy, his company wants to stiff him on the commission over some technicality. He quit. The court says he collects.
She used to do the job well. But her performance got worse and worse. Finally, the employer told her quit or get fired. She quit. She won't collect.
He gave them a letter of resignation. It was never accepted. But he quit. The court says he does not collect.
She was being chewed out for insubordination, when she blew up, started cussing everyone, said she hoped they'd fire her, and stomped out. But now she wants Unemployment. The court says no.
Yard Bird
A bar maintains that its "exotic dancers" are independent contractors, and so they should not have to pay the Unemployment tax for them. Court says pay.
© Unemployment Tax Advisory Corporation 1 800 998 8822