X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Young’s e-mail address is gyoungnlj.com vermont is not entitled to summary judgment in a suit filed by a woman fired during her maternity leave, the Vermont Supreme Court held on Aug. 1. Woolaver v. State of Vermont, No. 2003 VT 71. With written approval from her supervisor to take leave pursuant to Vermont’s Parental and Family Leave Act, Kimberly Woolaver, who was on probation due to performance problems, took leave following her son’s birth. During her leave, the state fired her. She sued, alleging violations of Vermont’s act and estoppel. Vermont’s Superior Court granted summary judgment to the state. On appeal, the Vermont Supreme Court reversed the summary judgment order and remanded for further proceedings. The high court found that, in light of Woolaver’s prima facie evidence that she was fired in retaliation for taking leave, the burden shifted to the state to show with clear and convincing evidence that, notwithstanding the leave, the employee would have been terminated anyway.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.