Employees who are fired for discriminatory reasons in Vermont or for exercising certain legal rights may be eligible to file a wrongful termination claim. This includes job applicants, employees and former employees who are legally protected from being discriminated against at work based on specific features which are religion, race, color, sex (including being pregnant, gender identity, national origin, age (40 years or older), disability and genetic information (including family medical history).
Vermont is an “employment-at-will” state which means employers may terminate an employee at any time and for any reason. In fact they don’t even have to give a reason, unless there is a contract in place which when signed by the two parties the provisions in the contract need to be followed.
Contract employment is quite the same as at-will employment. Contracts contain the terms of employment, including the employee's duties, work hours, length of employment, salary, benefits and bases for termination.
Can You Sue For Wrongful Termination in Vermont?
Yes, you can. If you have been wrongfully terminated due to discrimination—as you are a member of a protected class—for being a whistleblower, or because your employer has retaliated for an action or complaint you have filed against it, then you may file a wrongful termination lawsuit in court. However, before this can happen, the victim needs to file a complaint with the Vermont Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). Once the agency has agreed you have been wrongfully terminated, you will then be given permission to file a lawsuit.
The lawsuit needs to be filed within 6 years of the retaliatory action taking place. If you have been wrongfully terminated, and you have proof that the termination was based on discrimination, you can file a lawsuit in court. A wrongfully terminated employee in Vermont may recover compensatory and punitive damages and sometimes reinstatement as well as attorney fees.
Before you commence the process of suing for wrongful termination you must have your employment documents ready as these confirm your employment status before the wrongful termination took place. The employment documents you may need are:
- your workplace policy;
- termination notice if this was in writing, or a report of the conversation with your employer if the termination happened orally;
- personnel file;
- pay stubs;
- memos between you and your employer;
- employment agreement/contract (if relevant);
- employee handbook;
- any job evaluations.
You should also include a precise timeline of events before you were terminated including the date.
What Are My Rights in Wrongful Termination?
When it comes to a wrongful termination it is most likely due to the employee being terminated due to discrimination. Other reasons that may also be wrongful termination include, being terminated for being a whistleblower, complaining about something that is wrong in a workplace and not agreeing to taking part in an unlawful act when asked by the employer.
If you believe you have been wrongfully terminated due to discrimination you will need to file your complaint through the Vermont Human Rights Commission or the Equal Employment Opportunity Commission. Once the agency has agreed you have been wrongfully terminated you will then be given permission to file a lawsuit.
Suing for Wrongful Termination
Before you begin the process of suing for wrongful termination you will need to have your employment documents ready as this confirms your employment status before you were wrongfully terminated. The employment documents you may require are the following:
- personnel file;
- employment agreement/contract (if relevant);
- employee handbook;
- your workplace policy;
- any job evaluations;
- pay stubs;
- memos between you and your employer;
- termination notice if it was in writing, or a report of the conversation with your employer if the termination took place orally.
You should also have an exact timeline of events before you were terminated including the date. If you have copies of any positive evaluations of your job performance including the dates this may help as this may show it is most likely you were wrongfully terminated for another reason apart from your job performance. You need to know who was directly involved in your wrongful termination. It might have been your employer or HR but it could also have been a fellow worker or even a client.
Vermont wrongful termination laws provide several remedies for victims of wrongful termination. These may include punitive damages, job reinstatement, financial damages for emotional distress, back and/or forward pay.
Before filing a claim for wrongful termination in Vermont evidence needs to be provided showing that the wrongful termination was unlawful. Depending on the reason for the termination this could include reports from co-workers stating why they thought the termination was due to discrimination or one of the other reasons such as being a whistleblower or refusing to take part in an unlawful activity.
What Can Vermont Employment Lawyers Do?
If you’ve been fired from a job in Vermont and you suspect that you were wrongfully terminated a Vermont unemployment lawyer can help you build a case that will show you were wrongfully fired.
With the help of a Vermont employment law lawyer you have a better chance of getting all the money that you’re entitled to.
There are a lot of details that you need to get right when you’re filing a claim against an employer or a former employer. A Vermont labor lawyer can help you make sure that you fill your claim within the time allowed by law.
They can also help you gather evidence for your claim and advise you what kind of evidence is going to help your claim the most.
Most people don’t know how to build the most effective case to prove their claim because they haven’t been through the process of filing a claim against an employer.
But a Vermont labor attorney who has years of experience building claims can be a great resource that will make sure you use everything you have available to create the best possible case that proves your claim.
If you need professional guidance and representation a Vermont unemployment lawyer can help negotiate a settlement on your behalf so that you get all the money that you’re eligible to receive.
And a Vermont unemployment lawyer can represent you in court if your claim goes in front of a judge so that you have an experienced Vermont labor attorney who knows Vermont employment law fighting for you.
What Are Vermont’s Wrongful Termination Employment Laws?
Under Vermont law, employers cannot practice or publish fairness procedures then ignore them at their discretion. Written policies as well as standard practices are made to express fairness towards workers. Employers implement these practices to make their jobs seem more enticing. When that happens, the practices and policies become binding as an implied contract between the worker and employer.
When employers disregard their procedures, the employee can ask to recover compensation for lost wages and lost benefits for a set timeframe. If the actions of the employer were done in malice or with bad faith, the worker can ask for punitive damages as well. Workers who have been fired may ask to be compensated for mental anguish and emotional distress.
Federal laws, particularly Title VII of the Civil Rights Act of 1964, prohibits wrongful termination because of discrimination. That means you cannot be discriminated against because of your race, ethnicity, gender, sexual orientation, marital status, religion, or gender identity and you cannot be terminated for one of those reasons. Termination because of discrimination is illegal.
Even when a state is at an at-will employment state, you can still be a victim of wrongful termination. You will need to gather pertinent documentation and supporting evidence and get your claim underway in a timely manner. There is a statute of limitations for pursuing a claim against an employer for wrongful termination, and if you wait too long, you cannot recoup your losses.
Is Vermont An At-Will Employment State?
Yes, Vermont is an at-will employment state. At-will employment means that an employer can terminate an employee at any time for any reason, except an illegal employee, or for no reason without incurring legal liability. An employee is also free to leave a job at any time with no adverse consequences.
Although Vermont is an at-will employment state, you can take legal action and pursue a claim against your employer if you were fired because of an illegal reason. You will need supporting evidence and documentation to back up your claim and to prove that you were fired illegally, so you can have a successful wrongful termination claim in Vermont.
You should document any discriminatory acts, keep any texts, emails, or photos. Also, make note if the incident could have been recorded by a video camera. Be sure to ask any witnesses for statements regarding your termination and any discrimination you suffered while you were an employee of the employer in question.
Always keep your employment contract and any other work-related documents, such as text messages, emails, photos, and so forth. You will need witness statements and any other evidence you can gather to support your claim and to confirm that you were wrongfully terminated from your job.
You will need to maintain documentation that shows the damages that you suffered and the value of those losses. If you have been wrongfully terminated from your job in Vermont, enlist the help of a wrongful termination lawyer who can help you determine the best way to proceed with your claim.
Get Help Today
If you think you've been wrongfully terminated from your job, talk to a wrongful termination attorney as soon as possible. Your lawyer can evaluate your situation and take legal action on your behalf if you have the evidence to show you have been wrongfully terminated from your job.
Fill Out a Free Evaluation Form today!
Additional Resources
- How to Know If You Were Illegally Fired
- How to Report Wage Theft in Vermont
- List of EEOC Offices in Vermont
