Count Arioch the 28th wrote:Then they told the Unemployment people that I walked off the job to make sure I couldn't collect unemployment. (I'd argue that I was less "walked" and more "forcibly dragged while I begged and pleaded to be allowed to continue", but that's probably a semantic argument).
As Neeeek said, it's not semantic in the least. According to Virginia UI's website, the burden of proof is on the employer to prove you walked off the job. I'm not sure what sort of burden they have, but if you're willing to make a sworn statement/affidavit, I'd say it at least involves their committing perjury, and I can't imagine why they'd be willing to risk that just to screw over a random dude.
In case you haven't checked it out yet:
http://www.vec.virginia.gov/vecportal/index2.cfm/aid/56
I cannot advise getting on unemployment strongly enough; it really saved my ass when I was out of work last year (about 7 months...that's the longest I've been unemployed in several years, and with 3 kids it is scary). And I almost didn't apply, because I thought I wouldn't qualify (Alaska's UI rules are much more lenient than Virginia's, it appears, but you should still try). You have nothing to lose by applying and talking to a case worker...they're often very sympathetic.
I don't want to sound defeatist, but I don't know if a lawsuit is necessarily in your best interest...but if you can find a legal aid person or somesuch, looking into it could be worthwhile.
Also, the fact that Virginia is right-to-work has nothing to do with getting fired...it just relates to union membership. I think you're thinking of "at will employment", which most states have to varying degrees. But keep in mind, even in an "at will" position, they often STILL can't fire you for no good reason...and if you can prove (from your statements, it looks pretty clear) that they fired you for malicious reasons, you can regain your job and/or pay from that job. You may even have protection under Americans With Disabilities Act (which does not require you to necessarily be judged disabled). Definitely look into that.