to the Vermont Attorney General’s Office, the Vermont Human Rights Commission (if the employer is a state agency), or to a private attorney.


Drug Testing


In general, under Vermont law an employer cannot require you to submit to a drug test in order to get a job. However, if an employer has offered you a job, and you are given appropriate written notice of the type of drug test the employer wants you to take, and the test is part of a comprehensive physical examination, you might be required to submit to the test. After you are employed, the employer cannot require you to take a drug test as a condition of employment, promotion, or other part of your employment and cannot conduct random or company-wide drug testing unless it is required by federal law, and unless your employer has probable cause to believe you are using or are under the influence of a drug on the job and the employer has a drug or alcohol rehabilitation program available for employees. If you test positive, you cannot be fired if you agree to participate in and successfully complete the rehabilitation program (you can be suspended for the time it takes to complete the program, but no longer than three months). A refusal to participate in the program after a positive test, or a subsequent positive test, can be grounds for dismissal.


Workers’ Compensation


You also have certain rights if you are injured on the job. These rights arise under the Vermont Workers’ Compensation Law, which is administered by the Vermont Department of Labor in Montpelier. Employers are required to post notices summarizing your workers’ compensation rights. Generallly, workers’ compensation benefits may include compensation for time away from work while you are totally or partially disabled by a work injury, compensation for any permanent impairment, medical benefits, and vocational rehabilitation services. It is important to recognize that you may forfeit your right to workers’ compensation benefits if you were intoxicated at the time of the injury, if you were injured because you failed to use safety equipment provided by the employer for your protection, or if you make any false statements to obtain workers’ compensation benefits. Otherwise, you are entitled to receive workers’ compensation benefits for work injuries without regard to whether you or the employer were at fault. For this reason, the law also provides that, in most cases, workers’ compensation is your exclusive remedy against your employer, and that you cannot sue your employer for injuries received on the job. If you have an injury on the job, you should report it immediately to your employer. You


22 On Your Own, 2008 Edition


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