Federal and state laws throughout this country prohibit wrongful termination and job discrimination, primarily through the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. However, states like Vermont have enacted numerous supplemental statutes increasing those protections, even in “at will” employment states like Vermont that allow employers and employees to terminate employment relationships for any reason except those prohibited by law. When those laws are broken, victims are empowered to file claims and civil actions for relief and compensation for those abuses.
Vermont’s Specific Labor Laws
Vermont has a number of state laws against discrimination and wrongful termination, as enumerated in the table below:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$7.53; increases by 5% or CPI on January 1st each year (Applies to employers with 2 or more employees) |
Maximum tip credit, $3.88 for hotel, motel, restaurant, & tourist industry employees; no other tip credit; minimum cash wage for tipped employee, $3.65 |
|
State Military Leave |
Yes |
Employees called to active duty in national guard or ready reserves entitled to unpaid leave; 30 day’s notice required for U.S. training and as much notice as possible for state training; guaranteed reinstatement to same position, benefits, vacation, seniority; discrimination or disqualification of applicants who are members of the state or federal national guard is prohibited |
|
Jury Duty |
Yes |
Unpaid leave without loss of any benefits or seniority that are available to other employees; same protections apply to those called as witnesses in court or before commissions, boards, or tribunals |
|
Voting |
No |
|
|
Garnishment |
Yes |
Employer fee, $5 per month for child support withholding; when employees terminated within 60 days of garnishment order, it is assumed to be violation; discipline or penalties for spousal support withholding prohibited |
|
State Family & Medical Leave |
Yes |
For childbirth and adoption leave, employers with at least 10 employees covered; for employee or family member’s serious illnesses, employers with at least 15 employees are covered; eligible employees must have worked 30 or more hours per week, on average, for at least a year; leave of 12 weeks per year for childbirth, adoption, serious illness, medical appointments, or medical emergencies; 4 hours total unpaid leave in 30-day period (but not more than 24 hours per year) for school activities; family members include parents-in-law |
|
Arrest & Conviction Records |
Yes |
Employers involved in caring for children, the elderly, the disabled, or those running post-secondary schools with residential facilities may request information on criminal records of employees or applicants offered positions and who have signed and notarized releases; release form must inform applicant of their right to appeal any information in those records |
|
Discrimination |
Yes |
For 1 or more employees; for age (18 or older); national origin; disability (physical or mental); gender; race; religion; sexual orientation; genetic testing; place of birth |
|
Whistleblower |
Yes |
For both public and private employees, particularly those in health care industry; employer cannot terminate, discriminate, or retaliate against employee for reporting violations |
|
Plant Closings |
No |
|
*These laws change often, so consult local statutes for the most up-to-date information.
Vermont Discrimination Laws
Discrimination laws also outline the parameters under which employees can seek relief and remedies for violations:
- Vermont state laws allow victims of discrimination to seek remedies through state agency claims or private civil suits.
- Employees are eligible to recover attorney’s fees in successful discrimination claims or suits.
- There is a statute of limitations of 6 years from the date of the violation on Vermont discrimination claims.
Filing a Claim for Wrongful Termination
Vermont state agencies such as the Civil Rights Division of the Attorney General’s Office can provide guidance and answers for those seeking remedies for civil rights violations. They can also help employees file claims for those remedies, which will generally be pursued, first, by mediation. If that fails, state agencies can then pursue civil actions. However, in Vermont, employees can also retain employee rights lawyers to help them file private civil lawsuits without the assistance of state agencies.
Legal Remedies for Wrongful Termination
Victims have the freedom to seek a number of remedies under Vermont laws, including one or more of the following:
- Injunctive relief in the workplace
- Compensation for stress and suffering
- Lost wages
- Reinstatement of benefits and position
- Attorney’s fees and court costs
- Punitive damages
State and federal laws also provide penalties for employers who violate discrimination and wrongful termination laws. Vermont laws with additional penalties include:
Jury duty – fines of up to $200.
Garnishment – penalties under general wage garnishment, for noncompliance with garnishment orders, liable for amount of garnishment, interest, and attorney’s fees; penalties under child support withholding, for noncompliance with support orders, fines of $100 to $1,000
While legal remedies for violations of discrimination and wrongful termination laws take time and effort, it is important to remember that it is not only important for the victim to find relief from such discrimination, employers must learn that such violations will not be allowed to continue. Employee rights lawyers can help achieve both those results through their experience and skill in this complex field, and ensure that the civil rights of the victim are preserved, as well.
Local Resources
Attorney General’s Office
Civil Rights
Division
Montpelier, VT
802-828-3657
www.atg.state.vt.us