Fired for Getting Hurt? What Vermont Law Says About Workplace Retaliation

Getting hurt at work is stressful enough. Getting punished for reporting it or filing a claim adds a whole new layer of unfairness. If you’ve noticed your hours cut, your job threatened, or your employer suddenly treating you differently after a workplace injury, you might be wondering if that’s even legal. In Vermont, the answer is clear: it’s not.

Is Workplace Retaliation Actually Illegal in Vermont?

Yes. Vermont law specifically prohibits employers from punishing workers for asserting a workers’ compensation claim. An employer cannot discharge or discriminate against an employee because that employee filed, or tried to file, a claim for workers’ compensation benefits. That protection also extends to job applicants, so an employer can’t refuse to hire someone simply because they filed a workers’ comp claim in the past, even if that claim was filed in another state.

What Does Retaliation Actually Look Like?

Retaliation doesn’t always show up as an outright firing. Employers who want to punish an injured worker often get creative, which can make it hard to know whether what’s happening to you actually counts as retaliation. Some common examples include:

• Sudden demotions or reduced hours after reporting an injury
• Unfair write-ups or disciplinary actions that seem to appear out of nowhere
• Being passed over for a promotion you were otherwise on track for
• Increased scrutiny or hostility from supervisors
• Termination shortly after filing or discussing a claim

Timing matters here. If disciplinary action happens close to when you filed your claim, that timing alone can become an important piece of evidence.

What Can You Do if You Believe You’re a Target?

If you suspect retaliation, start documenting everything. Save emails, texts, and performance reviews. Write down dates, conversations, and any changes in how you’re treated. Vermont law allows an employee who has been wrongfully discharged or discriminated against to pursue a lawsuit for damages, and there’s a limited window to bring that claim, so don’t wait too long to explore your options. It’s also worth knowing that workers who recover from their injury within a certain period may have a right to reinstatement to their former position, which means retaliation can affect far more than just a paycheck.

Don’t Face Retaliation Alone

Nobody should have to choose between reporting a workplace injury and keeping their job. If you believe you’ve been retaliated against after a work injury in Vermont, you don’t have to sort it out on your own. Our Vermont workers’ compensation attorneys at Sluka Law PLC understand how retaliation claims intersect with workers’ comp cases, and we’re ready to help protect your job and your benefits. Reach out to our team today for guidance.

Source:
legislature.vermont.gov/statutes/section/21/009/00710