T. E. Gardner Co. v. Virginia Employment Commission

By Judge Clifford R. Weckstein

When David Deeds, a carpenter, was fired by T. E. Gardner Co., Inc., [Gardner] he sought benefits under the Virginia Unemployment Compensation Act. Va. Code § 60.2-100 et seq. Gardner opposed the application, contending that Deeds was disqualified from receiving benefits because “he was discharged for misconduct connected with his work.” Va. Code § 60.2-618. Gardner now seeks judicial review of the Virginia Employment Commission’s decision that Deeds was not discharged for “misconduct.” Va. Code § 60.2-625. Va. Code § 60.2-622(C) permits the VEC to designate a…