Employee Discipline: Vermont

Federal law and guidance on this subject should be reviewed together with this section.

Author: Heather Rider Hammond, Gravel & Shea PC

Summary

• Employee discipline is an unpleasant, but necessary part of life in the workforce. See Statutory Claims That Can Arise Out of Disciplining Employees.
• Failure to discipline employees in a fair and consistent manner can give rise to statutory claims under Vermont law. See Statutory Claims That Can Arise Out of Disciplining Employees.
• Documentation is critical in enabling employers to demonstrate that they have disciplined employees in a nondiscriminatory, nonretaliatory actions taken toward employees. See Vermont Employment Antidiscrimination and Anti-Retaliation Laws.
• Vermont employers should evaluate and discipline an employee with a disability in the same manner they would evaluate and discipline any other employee. See Disciplining Employees With Disabilities.
• Any measurement of an employee's performance that is based on attendance, quotas, sales or the like must be measured with the protected leave period being value neutral. See Disability or Family and Medical Leave Issues.
• Vermont has statutory provisions that protect employees from forced polygraph or drug tests. See Privacy Issues.
• Employers can discipline employees for breaching a duty of loyalty or confidentiality. See Duty of Confidentiality, Duty of Loyalty and Trade Secrets.