Gauthier v. Keurig Green Mountain

David Gauthier began work at Green Mountain in May 2007 on an at-will basis as a full-time maintenance technician and was responsible for maintaining and repairing production machinery. In response to a request by Gauthier’s supervisor that the human resources (HR) department investigate internet use in the maintenance department, a Green Mountain HR generalist requested a “Websense” report for eleven maintenance technicians, including Gauthier (a Websense report “provides detailed information about internet use and access in connection with a particular employee’s log in information.”) The report showed that, during July 2011, Gauthier had 41,750 internet hits, an amount of internet hits “more than double the internet usage that [Green Mountain] generally considered excessive usage.” The day after the report was requested, but several days before it had been compiled, Gauthier sustained an injury while at work. Gauthier made a workers’-compensation claim, which Green Mountain accepted, and he continued to work until the day before he underwent an operation for his injury. Based in part on the result of the Websense report, an HR generalist submitted a disciplinary action plan to Gauthier's supervisor recommending that Gauthier be terminated. The report recounted that Gauthier was not required to access the internet frequently for business purposes and that he had been “engaged in the [Green Mountain] discipline process” for several years, including being placed on a CAP and receiving a written warning for violation of Green Mountain’s internet-use policy." Due to the timing with Gauthier’s workers’-compensation claim, however, the HR generalist was instructed to first send Gauthier a letter indicating that “there were some issues related to his performance that needed to be discussed once he returned from leave.” When Gauthier returned to work from his medical leave, he was placed administrative leave, then ultimately terminated. Gauthier filed a three-count complaint alleging: (1) workers’-compensation retaliation; (2) breach of the implied covenant of good faith and fair dealing; and (3) intentional infliction of emotional distress. Green Mountain successfully moved for summary judgment on all three counts. This appeal followed, with Gauthier arguing that the court erred by entering summary judgment in favor of Green Mountain on his claim for workers’-compensation retaliation and abused its discretion in denying his motion to amend his complaint. Finding no reversible error, the Supreme Court affirmed. View "Gauthier v. Keurig Green Mountain" on Justia Law