Answers Posted By Roger E. Kohn

Answer to i was fired for something that i did not do. in the state of vermont does my former employer have to give me my job back?

This is not as simple a question as it sounds. If you were falsely accused of theft and fired, you might have a claim for wrongful termination. You might then be able to get your job back or compensation. The question is whether the employer acted improperly in firing you, which depends on what the employer knew and how it acted. You are not automatically entitled to your job back.

posted Aug 10, 2016 7:41 PM [EST]

Answer to The owner of a company that emailed my GM intimating that I am homophobic. Is this defamation?

In theory you have a claim against Mr. Wilson for defamation (slander) if what was said about you was untrue. As a practical matter, there is probably nothing you can do except explain the situation to your employer.

Bringing a claim against Mr. Wilson would not likely be cost-justified, and complaining to him would likely get back to your employer and cause more trouble.

BUT if you find that Mr. Wilson continues to make such comments about you, hiring a lawyer to write him and threaten him with a defamation claim would probably get him to stop.

And if you are fired, the situation is different, and you should explore your remedies with an employment lawyer.

posted Jan 19, 2016 7:23 PM [EST]

Answer to I have been working for a company for 2 years now. There is this 1 women who has just not liked me from the beginning and has made statements in meetings that I have illegal drugs in my locker and that they should search it, stating that she could smell m

I am unable to view the entire question; perhaps you did not complete it.

If you do not use illegal drugs, her allegation is defamation. However, to advise you I need to know more about your question and what course of action you are considering.

posted Sep 9, 2015 2:45 PM [EST]

Answer to While on st disabil after surgery, I want to give my 3 wks notice. Empler says I can't til off disab

It is very difficult to answer this question without having full details. In the absence of a specific contractual obligation with your employer, you can always quit. The question is whether this will affect your disability insurance. As I understand the situation, your disability will end before the date you plan to leave employment, and I would therefore be surprised if the insurance were affected. But basically I cannot answer this question because I don't understand the reason you have to give 3 weeks' notice -- do you have an employment contract that requires this?

posted May 30, 2012 07:41 AM [EST]

Answer to Duration of Severance

Severance packages - cont'd

To further clarify my previous answer, if an employer has a severance plan, then the employer must follow that. See "severance pay" under FAQ.

posted Apr 26, 2008 12:28 AM [EST]

Answer to Duration of Severance

Severance packages

In Vermont, there is no law requiring a specific severance package. This is negotiable between the employer and the employee. The employer has the legal right to offer no severance pay at all, but then the employee need not sign any release or agreement that the employer proposes, and retains the right to sue if the employee was terminated illegally. However, there are only very specific circumstances where termination is illegal.

posted Apr 26, 2008 12:23 AM [EST]

Answer to Is this retaliation

Response to retaliation question

Whether or not what you describe is retaliation, if you are "employees at will" there is no reason why your employer cannot act in this manner. In Vermont, you can be fired (and the employer can act as you describe) unless you are unionized, an employee handbook prohibits what the employer is doing, or you fit in one of the other exceptions provided by law. See my articles at

http://www.kohnrath.com/practiceareas/employment-law.htm

posted Aug 21, 2007 01:03 AM [EST]

Answer to Breach of employment contract

Breach of your employment contract

I might be interested in handling your case on a contingent fee basis (a portion of what you receive), but you are quite far away from me. If you call me at 802-482-2905, perhaps I can recommend an attorney.

Roger Kohn

posted Mar 25, 2007 8:38 PM [EST]

Answer to Do you need to grieve to have rights under a union contract

failure to grieve union contract violation

If you fail to grieve a union contract violation within the grievance period, I think you lose the right to do so under the contract.

If you requested that the Union file a grievance and it failed to do so, you might have a claim against the union, but that is a more complicated issue.

posted Nov 4, 2003 7:54 PM [EST]

Answer to company keeping my bonus

receiving bonus after termination

Whether you are entitled to the bonus depends on what the "deal" was with your employer. This is a very grey area - the question is whether a court will find that you were promised that you would recive a yearly bonus. If you would like to discuss your case, give me a call.

Roger E. Kohn
Kohn & Rath
P.O. Box 340
Hinesburg VT 05461
802-482-2905
www.kohnrath.com

posted Aug 7, 2002 9:18 PM [EST]

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