Burden of proof. If the employer is charged with retaliatory discharge, the employer is innocent until proven guilty. While this rule affords some protection to the employer, circumstantial evidence, such as a string of good evaluations followed by a sudden turnaround, can be devastating. As a result, if you terminate an employee who has filed a wage/hour claim, a discrimination claim, etc., it is essential to be able to show conclusively, with both testimony and documentation, that the separation had no relation to any legally protected conduct by the employee.
Discrimination. It is illegal under state law to terminate an employee on the basis of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age, or disability or to discharge or discipline an employee for filing a discrimination complaint or testifying in a discrimination proceeding (21 V.S.A. Sec. 495).
Family leave. Generally, an employee may not be fired for requesting or taking leave or the underlying condition requiring such leave under the Vermont Parental and Family Leave Act (21 V.S.A. Sec. 472). An employee may not be fired for lodging a complaint or cooperating in an investigation of a violation of the Act (21 V.S.A. Sec. 473).
HIV tests and results. It is illegal for any employer to discriminate against an employee on the basis of a positive ...