Gittens v. Virginia Employment Commission

By Judge John W. Brown

On January 6, 2010, came the plaintiff by counsel and the Virginia Employment Commission by counsel and presented argument regarding the issue before the Court: does Virginia Code § 8.01-335(B) allow reinstatement of a case dismissed under that code section to be reinstated based solely upon the filing of a motion within the one year limitation period, or does a court order of reinstatement have to be entered within that time frame?

The position of the plaintiff is that, as long as notice is given and the motion for reinstatement is filed within one year of the date the…