Walter Reed Convalescent Center v. Reese
In Walter Reed Convalescent Center v. Reese, 24 Va. App. 328, 482 S.E.2d 92 (1997), the Court recognized that when an employee is discharged from selective employment, "'in order to work a forfeiture, the "wage loss must be properly attributable to the employee's wrongful act . . . for which the employee is responsible."'" Id. at 336, 482 S.E.2d at 97.
In addition, the Court noted that the employer is not required to prove that "the employee's wrongful act was intentional, willful, or deliberate in order to justify a termination for cause and a forfeiture of compensation benefits." Reese, 24 Va. App. at 336-37, 482 S.E.2d at 97.