What does the law ban?

The law bans questions about an applicant’s criminal history record on the initial employment application form.

Do I have to hire an applicant with a criminal history record?

No.  You are permitted to ask an applicant about a criminal history record during an interview or after the applicant has been found qualified for the job.  The law is not designed to force you to hire a person with a criminal record.  The law is designed so that promising candidates are not simply screened out in the initial application process.  You must follow the procedure.

What happens if a candidate informs us about his or her criminal history record after the initial application process?

He or she must be given a chance to explain the circumstances that resulted in the criminal history record and to describe any post-conviction rehabilitation before you decide whether to make an offer.  The exception is if a federal or state law prevents you from hiring the applicant.

Are all employers covered?

There is an exception: If a federal or state law bans hiring persons with a criminal history record for the job, then the question can be asked on the initial application. However, if that federal or state law bans only specific types of criminal offenses, then the application can only ask about those offenses.

What’s the penalty for violating the law? 

The law provides for a $100 civil penalty per violation.  In addition, the Vermont Attorney General may seek a court order to compel compliance with the law . Employers who retaliate against employees who oppose or report violations of the law may also be subject to a private or Attorney General lawsuit for damages.

Finally, violations might also be used as evidence show other violations, such as race discrimination. 

Here is the complete Ban the Box statute. Special thanks to Attorney Heather Rider Hammond and AAG Julio Thompson for their expertise.

What is an equipment lease?
The most common complaints received by CAP from business consumers involve credit card equipment leases.

The leases are generally financed by third parties. An “independent” salesperson works to sell you, the business consumer, a lease. Typically, credit card machines cost less than $500. Yet, in the typical credit card equipment lease, however, you end up paying thousands of dollars—pure profit for the salesperson and finance companies.

Can I cancel my lease?
The typical lease’s term is 4 years, and is expressly not cancellable. Nonetheless, under Vermont’s Home Solicitation Sales Law, you usually have a legal right to cancel a sale made either in person or by phone within three days of the sale provided certain requirements are met. The seller must provide you with notice of this three-day right to cancel. If you did not receive such notice, then you may cancel your lease at any time until that notice is provided.

Is it ok to sign a personal guaranty with an equipment lease?
The standard lease includes a personal guaranty. This means that even if your business closes, you personally are on the hook to continue paying the lease — even if you can’t use the credit card machine.

Does the salesperson who sold me this lease work for the company financing my lease?
Financing companies recruit salespeople with promises of a lucrative career selling equipment leases. However, financing companies try to limit their responsibility by treating their salespeople as independent contractors. It is important to remember that while you may be signing up with a person who has made you promises, your lease is with the financing company. Promises made by the salesperson must be reflected in the written lease. Otherwise, the financing company may refuse to honor a salesperson’s promises.

Where should I research a lease?
Your local Chamber of Commerce may have references for responsible local suppliers. You can also call us at CAP (800-649-2424) to see if we have recent complaints of a supplier you are considering.