In Vermont, laws exist outlining what procedures employers are expected to follow when they decide to terminate an employee. For instance, an employer would not be allowed to let an employee go because he or she is a certain nationality or because he or she practices a specific type of religion. In cases where an employee breaks these laws, the employee who was wronged has the right to take legal action against his or her employer.
At-Will Employment in Vermont
Like many other states in the U.S., Vermont is an at-will employment state. Under these employment laws, employers can terminate an employee at any time and for any reason or no reason at all, unless there is a contract in place or there are other statutes governing the employee-employer relationship. Although these laws exist, there are exceptions that have an impact on employers’ ability to let an employee go.
Wrongful Termination in Vermont
Vermont employers are not allowed to terminate an employee on the basis of HIV status, place of birth or sexual orientation. It is also illegal for employers to discriminate or retaliate against an employee based on these discrimination factors. Employers who let an employee go because they discriminated against him or her and failed to follow these laws may be faced with a lawsuit, and their employee may be able to regain their position. Additionally, the employee may receive punitive damages, front pay, back pay and the reimbursement of attorney fees.
Breach of Contract: Employers who sign an employment contract with an employee are exempt from at-will employment law. The state of Vermont recognizes an employment contract as any agreement based on an oral promise, statements outlined in an employee handbook and any course of conduct that could indicate a contract is in place. For instance, if an employee handbook states that employees will only be fired when certain situations are present, an employee could take legal action against his or her employee on the basis that he or she should only be fired for specific actions. In any case where the terms outlined in an employment contract are breached, the employee has the right to take legal action against his or her employer.
Discrimination: Most cases involving wrongful termination develop after some type of discrimination occurs. Although Vermont has adopted anti-discrimination laws that prohibit employers from letting an employee go on the basis of HIV status, place of birth or sexual orientation, federal law makes it illegal for employers to terminate an employee on the basis of genetic information, citizenship status, pregnancy, religion or age. These laws apply to all employers, even those with only one employee.
Retaliation: Employers in Vermont are not permitted to retaliate against an employee or to try to terminate an employee who attempts to exercise his or her rights or one who exercises his or her rights as a worker. For instance, employers cannot legally retaliate against an employee when he or she complains of unlawful practices, opposes illegal employment practices or cooperates in an investigation following the filing of a complaint. Additionally, employers are not allowed to take action against an employee because they believe he or she is about to engage in any of these activities.
Public Policy: Employers are not allowed to terminate an employee when the employee follows public policy. For instance, Vermont has laws in place that provide workers with up to 12 weeks of job-protected leave after the birth of a new child. Other laws exist that prohibit employers from terminating an employee when he or she discuss his or her wages with others in the workplace. Employers who decide to let an employee go because their employee took advantage of their rights as a worker may face legal action.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.