Southerland v. ABC Stores, III, Inc.

By JUDGE ROBERT L. HARRIS, SR.

The parties have come before the court on plaintiff’s Petition for Judicial Review. After review, it is determined that the decision of the Commission was proper, being supported by the evidence.

In reviewing the decision of the Commission, "the findings of the Commission as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law." Virginia Code § 60.2-625(A). The findings of fact of the Commission are as follows.

Plaintiff was employed as a sales associate for…