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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.

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