U.S. Air, Inc. v. Joyce
In U.S. Air, Inc. v. Joyce, 27 Va. App. 184, 497 S.E.2d 904 (1998), the employee had worked for U.S. Air for seventeen years as a mechanic.
His employment contract was under a union contract, which prohibited employees from seeking work outside of U.S. Air.
After his injury, Joyce could not return to his previous job, and so requested a release from the employer to seek outside employment without penalty of losing that union job. U.S. Air refused.
In Joyce's case, his very employment was tied to the union contract.
The employer prohibited Joyce from seeking outside employment and then argued that Joyce had refused to seek such employment.