Vermont Termination Law

Misty Blanchette Porter, M.D. v. Dartmouth-Hitchcock Medical Center

Rutland, Vermont civil rights lawyers represented the Plaintiff who sued on an employment discrimination theory. Plaintiff sued defendants Dartmouth-Hitchcock2Medical Center et al. principally alleging discriminatory3termination of her employment (a) on account of her disability, in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. Â§12101 et seq.,the Rehabilitation5Ac... More...

$0 (02-15-2024 - VT)

Thomas Cole v. Foxmar, Inc. d/b/a Education and Training Resources

Burlington, Vermont employment law lawyer represented Plaintiff, who sued Defendant claiming wrongful "retaliation in violation of the Vermont Occupational Safety and Health Act ('VOSHA'), 21 V.S.A. Â§Â§ 201-32, and retaliation in violation of the Vermont Earned Sick Time Act ('VESTA'), 21 V.S.A. Â§Â§ 481-87,..." Cole v. Foxmar, Inc. (D. Vt. 2022). <table> <h1> <center> <... More...

$55000 (12-21-2022 - VT)

United States of America v. Randall Swartz

Rutland, VT - The United States of America charged Randall Swartz with mail fraud. Randall Swartz, 59, of Orleans, was sentenced to 48 months of imprisonment following his guilty plea to a charge of mail fraud. Chief Judge Geoffrey Crawford also ordered that Swartz serve three years of supervised release following completion of his prison term and pay restitution in the amount of $452,55... More...

$0 (12-12-2019 - VT)

State of Vermont v. David G. Buckley

Defendant’s claims of error require a detailed review of the evidence presented at trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s property in Bennington, Vermont. The property is located across the street from the police station, and it is bisected by two public roads. Defendant lives on the property with his brother, Peter Bu... More...

$0 (05-29-2016 - VT)

State of Vermont v. Julianne Graham

The State appeals the dismissal of three counts of sexual exploitation of a minor, in violation of 13 V.S.A. § 3258. The charges were filed against defendant, a high school employee, based on her having engaged in sexual acts with a student over the summer break between defendant’s school contracts. The issue is whether the circumstances of this case support the charges.... More...

$0 (04-30-2016 - VT)

Manchester CP vs. A & A Restaurant Inc. et al

1 The following background is taken in the light most favorable to A & A and Mr. Konstantinou as the non-moving parties. The court acknowledges that Manchester CP disputes many of Mr. Konstantinou’s assertions regarding statements made by its agents. Argirios Konstantinou operated the Manchester Pizza House restaurant in the Price Chopper Plaza at 263 Depot Street in Manchester, Vermont fo... More...

$0 (04-24-2016 - VT)

State of Vermont v. Tisa Farrow

The relevant background is as follows. Defendant was arraigned on charges of driving under the influence (DUI) pursuant to 23 V.S.A. § 1201(a)(2) (“A person shall not operate . . . any vehicle on a highway . . . when the person is under the influence of intoxicating liquor.”) Before trial, defendant filed a motion in limine seeking to exclude from evidence the arresting o... More...

$0 (03-13-2016 - VT)

Nichols v. LaPlante

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was file... More...

$0 (12-03-2015 - VT)

Mark Whiting v. James Lillicrap, et al., ,

Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and control of Defendant Vermont Department of Corrections (the “Department”), who is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is awaiting trial on twelve criminal charges in a case pending in the Criminal Division of this Unit, Docket No. 566-10-13 Oscr. The char... More...

$0 (10-21-2015 - VT)

State of Vermont v. John Galanes

¶ 1. Defendant appeals an order of the Windham Superior Court[1] concluding that he violated a condition of his probation requiring him to notify his probation officer if he is planning to begin a sexual relationship. We reverse. ¶ 2. On October 29, 2009, defendant was convicted of several felony and misdemeanor offenses and placed on probation. In August 2013, afte... More...

$0 (06-12-2015 - VT)

John L. Preston, Jr. v. Burlington City Retirement Plan

¶ 1. BURGESS, J. Defendant City of Burlington Retirement System appeals from a superior court judgment reversing the City's decision to terminate the disability retirement of plaintiff, a former City firefighter. The City contends: (1) the trial court lacked subject matter jurisdiction; and (2) its decision to terminate the benefit was reasonable and proper. We affirm. �... More...

$0 (07-12-2013 - VT)

Adam Cate v. City of Burlington

¶ 1. ROBINSON, J. Plaintiff filed suit for breach of contract and intentional infliction of emotional distress (IIED) against his former employer, the City of Burlington, claiming that the City disciplined him for actions and in a manner not authorized by the City's personnel manual. The trial court granted the City summary judgment, concluding that the manual unambiguously allowed... More...

$0 (08-02-2013 - VT)

Ying Ji v. David Heide

¶ 1. ROBINSON, J. The question in this case is whether the trial court's dismissal of plaintiff's eviction action on account of her lawyer's failure to attend a scheduled status conference can withstand a motion to set aside the judgment pursuant to Vermont Rule of Civil Procedure 60(b) given the facts of this case. We conclude that it cannot and reverse. ¶ 2. F... More...

$0 (09-13-2013 - VT)

Michelle M. Straw v. Visiting Nurse Association and Hospice

¶ 1. DOOLEY, J. Plaintiff Michelle Straw appeals the judgment order of the superior court, pursuant to a jury verdict, dismissing her case for breach of an implied employment contract against defendant Visiting Nurse Association and Hospice of Vermont and New Hampshire (VNA). She argues that the jury instructions in her case were erroneous and prejudicial because they failed to ins... More...

$0 (10-18-2013 - VT)

Evans Group, Inc. v. Robert Foti

¶ 1. BURGESS, J. Appellant Foti Fuels, Inc. (Foti), a fuel distributor, appeals from the Washington Civil Division's judgment in favor of Evans Group, Inc. (Evans), also a fuel distributor. Evans cancelled its agreement to sell fuel to Foti for resale and delivery to a retail gasoline station, and sued for payment of an outstanding balance of $68,864. Foti claims the unilateral ter... More...

$0 (09-14-2012 - VT)

Bradley Columbia v. Buffy Lawton

¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child's parents. We conclude that Vermont's parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or agai... More...

$0 (01-20-2013 - VT)

Anne Galloway v. Town of Hartford

¶ 1. SKOGLUND, J. Hartford police officers responded to a report of a possible burglary in progress, and used considerable force in restraining the suspect. The alleged burglar turned out to be the homeowner, who was disoriented due to a medical condition. Journalist Anne Galloway requested records relating to the police contact with the homeowner from the chief of police. The ch... More...

$0 (08-03-2012 - VT)

Richard S. Daniels v. The Elks Club of Hartford

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More...

$0 (08-03-2012 - VT)

David M. Lay v. William J. Pettengill

¶ 1. DOOLEY, J. Plaintiff David M. Lay appeals from the superior court's order granting summary judgment to defendants William J. Pettengill, Elizabeth F. Novotny, and Daniel K. Troidl on his complaint. Lay's claims stem from an internal investigation into his behavior as a state trooper and his subsequent resignation from the Vermont State Police (VSP). Lay argues that the superi... More...

$0 (11-23-2011 - VT)

Ann Marie DeSantis v. John E. Pegues

¶ 1. Father appeals the family court's denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court's finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father's parental rights. We reverse and remand. <... More...

$0 (10-07-2011 - VT)

Ann Marie DeSantis v. John E. Pegues

¶ 1. SKOGLUND, J. Father appeals the family court's denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court's finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father's parental rights. We reverse a... More...

$0 (10-07-2011 - VT)

Ann Marie DeSantis v. John E. Pegues

¶ 1. SKOGLUND, J. Father appeals the family court's denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court's finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father's parental rights. We reverse a... More...

$0 (10-07-2011 - VT)

David J. Shlansky v. City of Burlington and Burlington Police Department

¶ 1. SKOGLUND, J. In this Access to Public Records Act case, plaintiff appeals the trial court's grant of summary judgment to defendants, the City of Burlington and the Burlington Police Department (collectively "the Cityâ€). The trial court concluded that the City lawfully withheld certain records as relevant to plaintiff's ongoing traffic court case. Plaintiff argues that su... More...

$0 (10-01-2010 - VT)

Judy Mayville v. William Mayville

¶ 1. DOOLEY, J. Husband, William Mayville, who was recently laid off from his job, seeks to terminate the spousal maintenance payable to his ex-wife, Judy Mayville, pursuant to a 2003 court order. After husband filed a motion to terminate spousal maintenance, the Chittenden Family Court issued an order requiring him to pay $3000 per monthâ€”the same amount set forth in the 200... More...

$0 (10-21-2010 - VT)

J.A. Morrissey, Inc. v. Peter Smejkal, Iva Smejkal, Merkur Construction, LLC and IS Enterprises, LLC

This case arises from the demise of a business relationship within a construction company. Defendants Peter Smejkal, Iva Smejkal, Merkur Construction, LLC, and IS Enterprises, LLC appeal from the partial denial of their post-trial motion for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict in favor of plaintiffs Jeanne Morrissey and J.A. Morrissey, Inc... More...

$0 (07-02-2010 - VT)

Christopher Gade v. Chittenden Solid Waste District and Town of Williston

A group of homeowners residing in the Town of Williston filed a complaint in Chittenden Superior Court, alleging that the Town's agreement with Chittenden Solid Waste District for the siting, construction, and operation of a solid waste disposal facility in the Town was an ultra vires delegation of municipal authority. Homeowners appeal the superior court's decision upholding the agreement. We ... More...

$0 (11-13-2009 - VT)

Kimberly Payne v. US Airways, Inc., Michael Cline, Tony Stanley and Deb Ansaldi

Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiff's claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers' Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemployee o... More...

$0 (09-25-2009 - VT)

Vermont Built, Inc. v. Steve Krolick and Lisa Stickney

¶ 1. Homeowners Steve Krolick and Lisa Stickney appeal an order of the Windsor Superior Court awarding plaintiff contractor, Vermont Built, Inc., attorney's fees and prejudgment interest as an addition to an arbitrator's award of consequential damages for breach of a house-construction contract. On appeal, homeowners contend that: (1) the trial court's modification of the arbitrator's decision ... More...

$0 (10-31-2008 - VT)

Linda Havey v. Houebound Mortgage, Inc., Gary W. Tuorila, Judtih Tuorila, Kathy MacSween and Shane Semprebon

Plaintiff-appellant Linda Havey ("Haveyâ€), who was formerly employed as a mortgage underwriter by defendant-appellee Homebound Mortgage ("Homeboundâ€), brought this action claiming that Homebound and its officers failed to pay her overtime compensation as required by the Fair Labor Standards Act ("FLSAâ€ or "the Actâ€), 29 U.S.C. Â§ 201 et seq. Defendants responded that Have... More...

$0 (10-22-2008 - VT)

Northern Security Insurance Company v. Mitec Electronics, Ltd., Mitec Telecom, Inc. and Myer T. Bentob

¶ 1. Defendants Mitec Electronics Limited, Mitec Telecom Incorporated, and Myer T. Bentob appeal from a series of adverse superior court orders in a declaratory-judgment action concerning insurance coverage filed by plaintiff Northern Security Insurance Company (NSIC). Defendants' claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general release;... More...

$0 (08-03-2008 - VT)

Kerri L. Colby v. Umbrella, Inc., et al.

1. In this suit for wrongful termination, plaintiff Kerri Colby appeals the superior court order denying her motion to amend the complaint and dismissing her claims against defendant State of Vermont. We reverse and remand. 2. Defendant Umbrella, Inc. is a Vermont corporation that provides support services to domestic violence victims and operates a state-sponsored chil... More...

$0 (03-07-2008 - VT)

Steve Bergman v. Margaret Marker

1. DOOLEY, J. Mother appeals an order of the family court, establishing father's child support obligation. We affirm in part and remand for further proceedings regarding the starting date of father's support obligation. 2. The following facts are not disputed. Mother and father were married in Vermont in 1999, and lived in Vermont immediately following their marr... More...

$0 (12-21-2007 - VT)

John Robert Hamilton v. Town of Holland, et al.

1. * * * This is the second appeal arising out of road work that the Town of Holland undertook on Lackey Road, a one mile long, Class 3, dirt road. Landowner John Robert Hamilton objected to the work itself and the manner in which it was authorized. In the first appeal, this Court reversed a grant of summary judgment in favor of the Town. At the subsequent trial in superior court, landow... More...

$0 (01-01-2008 - VT)

<a href="http://dol.state.vt.us/gopher_root3/supct/current/2005-065.op" target="_new">Jo-Ellen Golden v. Peter Cooper-Ellis</a>

1. DOOLEY, J. Husband Peter Cooper-Ellis appeals from both the final divorce order dividing the parties' marital estate and orders denying his subsequent motion to modify spousal maintenance and child support. Husband makes numerous contentions of error. Most significantly, he claims that the family court erred when it included all of his unvested stock options in the marit... More...

$0 (03-02-2007 - VT)

<a href="http://dol.state.vt.us/gopher_root3/supct/current/2003-222.op" target="_new">Leigh LoPresti, M.D. v. Rutland Regional Health Services, Inc. f/k/a Rutland Regional Physician Group, Inc.</a>

Plaintiff, Dr. Leigh LoPresti, appeals from the superior court's summary judgment in favor of defendant, Rutland Regional Physician Group, Inc. (Physician Group), his former employer. Dr. LoPresti claims that he was fired for his refusal to refer his patients to certain other Physician Group doctors whom he believed provided substandard and unnecessary care to his patients. Dr... More...

$0 (11-03-2004 - VT)

<a href="gopher://dol.state.vt.us/0R0-24094-gopher_root3:%5Bsupct.current%5D2001-127.op;1" target="_new">Joseph J. and Doreen H. Siliski v. Allstate Insurance Company, James J. Guiel, Peggy Dumont and Michael Gannon</a>

Plaintiffs Joseph and Doreen Siliski, individually and as guardians and next best friend of Chase Siliski, appeal from the superior court's summary judgment in favor of defendants Allstate Insurance Company, James Guiel, Michael Gannon and Peggy Dumont. The Siliskis brought suit against defendants for malicious prosecution and intentional infliction of emotional distress. They did so based on... More...

$0 (08-15-2002 - VT)

<a href="http://dol.state.vt.us/gopher_root3/supct/current/2001-165.eo" target="_new">Andrea Malinowski v. William Farnam, Jr. and Luella and William Farnam, Sr.</a>

Andrea Malinowski, mother of two children, ages eleven and nine, appeals from an order of the Bennington Family Court, modifying but not eliminating a grandparent visitation order in favor of the paternal grandparents, Luella and William Farnam, Sr. Mother challenges the constitutionality of Vermont's grandparent visitation statutes, 15 V.S.A. §§ 1011-1016. We decline to reach the constitut... More...

$0 (08-27-2002 - VT)

<A href="http://dol.state.vt.us/gopher_root3/supct/current/2000-560.op" target="_new">Dillon v. Champion Jogbra, Inc. </a>

1. MORSE, J. Plaintiff Linda Dillon appeals an order of the superior court granting summary judgment to defendant Champion Jogbra, Inc. in her action for wrongful termination. Dillon contends that the trial court erroneously concluded as a matter of law that Dillon's at-will employment status had not been modified by Jogbra's employment manual and employment practices, and that... More...

$0 (12-27-2002 - VT)

Mary Kearns v. Vermont Country Store

Wrongful termination claimed by former Vermont Country Store employee who claimed that she was accused to removing funds from the store's safe and products from its shelves and of also being mean to other employees.The Defendant asserted by Mary Kearns was an employee at will and that she was never accused of stealing but was terminated for "just cause."... More...

$85000 (01-10-2003 - VT)

<a href="http://dol.state.vt.us/gopher_root3/supct/current/2000-034.op" target="_new">Charles and Eileen Houle v. Kevin Quenneville and Louisa Lewis</a>

Kevin Quenneville and Louisa Lewis, appeal the order granting landlords Charles and Eileen Houle possession at the expiration of the rental term. Tenants contend: (1) landlords' notice of nonrenewal of their lease was insufficient because landlords did not provide the Vermont State Housing Authority (VSHA) with a contemporaneous copy of the notice; (2) the court failed to prop... More...

$0 (11-09-2001 - VT)