The Vermont Statutes Online

Title 21 : Labor

Chapter 005 : Employment Practices

Subchapter 010 : Whistleblower Protection

• § 508. Enforcement

  (a) An employee aggrieved by a violation of this subdivision may:

  (1) utilize any available internal process, grievance procedure, or similar process available to the employee to maintain or restore any loss of employment rights with the employer; or

  (2) bring an action in the Superior Court of the county in which the violation is alleged to have occurred.

  (b) The initiation or completion of an internal process, grievance procedure, or similar process under subdivision (a)(1) of this section shall not be a condition precedent to bringing an action in Superior Court under subdivision (a)(2) of this section.

  (c) No later than July 1, 2005, all hospitals as defined in 18 V.S.A. § 1902(1) shall revise their internal processes referred to in subdivision (a)(1) to include and be consistent with ANCC Magnet Recognition Program standards that support the improvement of quality patient care and professional nursing practice.

  (d) If the court finds that the employer has violated subsection 507(b) of this title, the court shall order, as appropriate:

  (1) reinstatement of the employee, including employment benefits, seniority, and same or equivalent position, shift schedule, or hours worked as the employee had before the retaliatory action;

  (2) payment of back pay, lost wages, benefits, and other remuneration;

  (3) any appropriate injunctive relief;

  (4) compensatory damages;

  (5) punitive damages;

  (6) attorney’s fees; or

  (7) any other appropriate relief. (Added 2003, No. 134 (Adj. Sess.), § 2.)