Vermont Statutes Title 3 Sec. 973
Terms Used In Vermont Statutes Title 3 Sec. 973
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means a State employee as defined by subdivision (5) of this section except as the context requires otherwise. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Fraud: Intentional deception resulting in injury to another.
- Illegal order: means a directive to violate, or to assist in violating, a federal, State, or local law. See
- Person: includes one or more individuals, the State of Vermont, Vermont State Colleges, University of Vermont, Department of State's Attorneys and Sheriffs, employee organizations, labor organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever. See
- Public body: means :
- Retaliatory action: includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment that is given in retaliation for the State employee's involvement in a protected activity, as set forth in section 973 of this title. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- State employee: means an individual employed on a permanent or limited status basis by the State of Vermont. See
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 973. Protected activity
(a) A State agency, department, appointing authority, official, or employee shall not engage in retaliatory action against a State employee because the State employee refuses to comply with an illegal order or engages in any of the following:
(1) Providing to a public body a good faith report or good faith testimony that alleges an entity of State government, a State employee or official, or a person providing services to the State under contract has engaged in a violation of law or in waste, fraud, abuse of authority, or a threat to the health of employees, the public, or persons under the care of the State.
(2) Assisting or participating in a proceeding to enforce the provisions of this subchapter.
(b) No State agency, department, appointing authority, official, or employee shall attempt to restrict or interfere with, in any manner, a State employee’s ability to engage in any of the protected activity described in subsection (a) of this section.
(c) No State agency, department, appointing authority, or manager shall require any State employee to discuss or disclose his or her testimony, or intended testimony, prior to an employee’s appearance to testify before the general assembly if he or she is not testifying on behalf of an entity of State government.
(d) No employee may divulge information that is confidential under State or federal law. An act by which an employee divulges such information shall not be considered protected activity under this section.
(e) In order to establish a claim of retaliation based upon the refusal to follow an illegal order, the employee shall assert at the time of the refusal his or her good faith and reasonable belief that the order is illegal. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)