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Vermont Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: How do you claim an abandoned vehicle on public property in Vermont.

The vehicle has been parked on public property since September of 2023 or longer, there is no plate, registration sticker or emissions sticker and the car is partially gutted on the inside, is missing a side mirror and has lots of exterior damage.

James L. Arrasmith
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answered on Feb 23, 2024

To claim an abandoned vehicle on public property in Vermont, you typically need to follow a specific process outlined by local authorities. Begin by contacting the local law enforcement agency or the Department of Motor Vehicles to report the abandoned vehicle and inquire about the steps for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to... View More

James L. Arrasmith
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answered on Jan 14, 2024

In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: My ex and I are both named on the title of a vehicle. Every time he gets mad at me he threatens to take the car from me
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with a situation where both you and your ex are named on the title of a vehicle can be challenging, especially when threats to take the car are involved. If both names are on the title, legally, you both have equal ownership rights to the vehicle. This means that neither party can... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Vermont on
Q: is my landlord allowed to come into my apartment every month for check-ins, showings, and "fixes"?

My landlord has been in my apartment at least once every month since i signed a lease last year. Each time has been to look at work he wanted us to do, show the apartment to buyers and realtors, look at things that he claimed needed updating, and hiring people off the street to come in to do... View More

Kevin Lumpkin
Kevin Lumpkin
answered on Sep 26, 2023

Your landlord is permitted to enter your unit for one of four reasons:

(1) when necessary to inspect the premises;

(2) to make necessary or agreed repairs, alterations, or improvements;

(3) to supply agreed services; or

(4) to exhibit the dwelling unit to prospective...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: Can the words "shall" and "must" and "prohibit" be used in the goals of a municipal plan?

I am a Planning Commissioner involved in writing South Burlington's Municipal Plan.

T. Augustus Claus
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answered on Sep 15, 2023

Certainly, in the context of drafting a municipal plan, the use of terms like "shall," "must," and "prohibit" is common and can be essential for conveying the intent and requirements of the plan. "Shall" and "must" typically denote mandatory actions... View More

2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

T. Augustus Claus
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answered on Aug 17, 2023

Whether or not your husband should apply for disability benefits in Vermont due to his medical condition depends on several factors, including his medical history, the severity of his condition, his ability to work, and the specific requirements of the disability programs.

In Vermont, as in...
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2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 17, 2023

I encourage your husband to consult with an experienced Social Security disability attorney to discuss his particular situation because disability evaluation is more complicated than just considering a person's medical conditions. Many disability attorneys offer a free initial consultation.... View More

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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 13, 2023

Your facts are unclear, and more is needed to give you a reliable answer.

Generally speaking, your mortgage debt should have been listed in your bankruptcy (we assume that you completed the bankruptcy case and got an Order of dismissal). An Order of general dismissal in the bankruptcy...
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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

The house debt should have been included in your bankruptcy. Secondly, your divorce agreement should have provided that when he got the house, he held you harmless on the debt and and indemnified you in the future. Get copies of your bankruptcy and your divorce files snd get them go your... View More

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1 Answer | Asked in Criminal Law and Military Law for Vermont on
Q: Did Vermont adopt title 10 UCMJ for it's title 32 guardsmen?
James L. Arrasmith
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answered on Jun 18, 2023

No, Vermont has not adopted Title 10 of the United States Code, which includes the Uniform Code of Military Justice (UCMJ), for its Title 32 guardsmen.

Title 32 of the United States Code governs the National Guard when it is not in federal service, while Title 10 governs the National Guard...
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1 Answer | Asked in Probate for Vermont on
Q: I have a few questions on probate law and procedures in the state of Vermont

I need to know how to contest a will, find out where an estate is in probate and how much we can expect to pay to engage a lawyer on my son's behalf.

Anthony M. Avery
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answered on Jan 26, 2024

Those are not a few questions. Will Contests are very complicated and expensive. Contact a VT attorneys until you find one that will take the case. Put together witnesses and proof now.

1 Answer | Asked in Civil Rights for Vermont on
Q: Can my parents stop me from leaving the house and take things away (like my computer) that they don't pay for? I'm 18

I'm not allowed to leave the house on my own, I'm not allowed to talk to or make friends, I'm not allowed to have a job, I'm not allowed to lock the bathroom door, I'm not allowed to close my bedroom door, Im forced to go to church, they threaten to take my phone and... View More

James L. Arrasmith
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answered on Jan 22, 2024

As an 18-year-old in Vermont, you are legally considered an adult. This means you have the same legal rights as any other adult, including the right to make your own decisions about your life. Your parents cannot legally force you to stay in the house, prevent you from working, or control your... View More

1 Answer | Asked in Medical Malpractice for Vermont on
Q: if a patient acquires MRSA because the hospital and staff wasn't sanitizing rooms and hands, is it suable?
Joel Gary Selik
Joel Gary Selik
answered on Jan 9, 2024

It is a potential case. But such cases can be very difficult to prove it was from negligence as infection can occur even in the absence of negligence.

1 Answer | Asked in Business Law and Contracts for Vermont on
Q: I built a porch for a customer with the materials she asked for. The porch is already weathering.

I told her I could sand and reseal but could possibly run into the same issue down the road. She asked me to stain it instead. I told her I could do that but would have to charge for staining it as that was not in our original agreement but I could give a discount for the issues arising. She does... View More

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2023

A Vermont attorney could advise best, but your question remains open for four weeks. It could depend on what you may have told her about the sealing or waterproofing qualities of all coatings involved. It's going to be difficult for anyone to answer without knowing more about the discussions... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Vermont on
Q: I live with my ex girlfriend I’m not on lease, she wants to evict Me. Will this follow me?

I’m paying her rent but not on lease. She wants to evict me from apartment legally will the eviction follow me for getting another apartment?

T. Augustus Claus
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answered on Aug 3, 2023

If you are not on the lease and your ex-girlfriend wants to evict you legally, the eviction process may not typically show up on your rental history or credit report, as you were not a party to the lease agreement.

1 Answer | Asked in Federal Crimes for Vermont on
Q: How to prove embezzlement
John Michael Frick
John Michael Frick
answered on Jul 13, 2023

Video surveillance is the gold standard. Hide a pinhole security camera directly above the cash register pointing down to capture video of your employee embezzling from you.

1 Answer | Asked in Medical Malpractice for Vermont on
Q: My mom was misdiagnosed at the ER, and had a stroke a 2 days later. Can/should she file a medical malpractice suit?

My mom went to hospital because she thought she was having a stroke. The doctors said they were gonna do a bunch of tests. The doctors didn’t do any tests, saying they have patients that were sicker than her so they discharged her and dismissed it as an issue related to her other neurological... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 23, 2023

Yes there is a potential case. Another doctor will have to evaluate what was done or not done, review the standard of care, and determine what would have been avoided if there was not malpractice. Consult with experienced medical malpractice attorneys.

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Vermont on
Q: Can I use the song “ Who let the dogs out” for my pet supplies website?
N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

If you'd like to use someone else's song, you should request permission and pay the required fee. Otherwise, using a song for commercial purposes without permission can constitute infringement, which usually costs the infringer exponentially more than the fee. If needed, you should... View More

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