[patty1969]

Can you use your successful Virginia unemployment compensation appeal's hearing evidence in a Virginia code 65.2-308 lawsuit?

[ScottGem]

Code section 65.2-308 is about protection from termination for filing a worker's comp claim. Winning an unemployment claim appeal, means that you qualified for unemployment. These are two different things. Without knowing what reasons were found for termination it is impossible to tell.

[Fr_Chuck]

You will need copies of company memo's normally signed or proved handwriting o who wrote the memo that you were terminated for the reasons you claim.

If legally obtained, copies of emails from management that state reasons for your termination.

Also, other employees who may have heard management say things, can testify, normally current employees are best, since past employees testimony may not hold as much weight.

Just the two events, your action and then their firing you, may seem obvious, but believe me, obvious does not count in court rooms, you will have to provide written or witness evidence that proves the management of the company intended your firing for that reason.

It is very hard to prove, seldom will a company put those things in writing, and current employees will be in fear of termination if they testified.

A major university in Georgia fired the three men who had a racial discriminalton law suit against them, and also fired one of the main witness. They listed other reasons for termination, it was obvious, everyone knew why it happened, but the case was wrongful termination case dismissed for lack of evidence.

So just knowing it happened, everyone knowing it happen will not help in court.