Justia Vermont Supreme Court Opinion Summaries

The claimant worked for the defendant when he suffered a hernia in March 2021. The defendant accepted liability for the injury. Shortly after, the claimant left his job with the defendant and began working at Meeting House Furniture Restoration. In July, he also started working at Black Back Pub, holding both jobs concurrently until he left Meeting House in September 2021. The claimant continued working at the Pub until October 8, 2021, when he underwent hernia surgery. The parties agree that the claimant was disabled from work as of the surgery date.The Commissioner of Labor reviewed the case and determined that the claimant's disability benefits should be calculated based on his "average weekly wages" as defined by 21 V.S.A. § 650(a). The claimant argued that his wages from both Meeting House and Pub should be included in this calculation. However, the Commissioner applied Workers’ Compensation and Occupational Disease Rule 8.1500, which states that only wages from employers the claimant was working for at the time of disability should be included. The Commissioner concluded that Rule 8.1500 was a valid exercise of the Department’s rulemaking authority and excluded the wages from Meeting House.The Vermont Supreme Court reviewed the case and affirmed the Commissioner’s decision. The Court held that Rule 8.1500 is consistent with 21 V.S.A. § 650(a)(4), which requires that wages from concurrent employment be included in the average weekly wage calculation only if the claimant was employed by multiple employers at the time of injury. The Court found that the rule was within the Department’s legislative grant of authority and did not compromise the intent of the Workers’ Compensation Act. Therefore, the rule was a valid exercise of the Department’s rulemaking authority. View "Hill v. Agri-Mark, Inc." on Justia Law

Employee Paul Westcott was terminated by his employer, Mack Molding Co., Inc., for lying about secretly recording conversations at work. Westcott sued the employer, claiming that his recording activities were protected under Vermont’s Fair Employment Practices Act (FEPA) and Worker’s Compensation Act (WCA), and also alleged breach of contract and promissory estoppel.The Superior Court, Windsor Unit, Civil Division, granted summary judgment to the employer. The court concluded that Westcott’s recording activities were not protected under FEPA or WCA. It also found that Westcott could not sustain his breach-of-contract claim because the employee handbook clearly stated that employment was at-will and could be terminated for any reason. Additionally, the court held that Westcott’s promissory estoppel claim failed because his termination was not connected to any promise made by the employer regarding his return to work after short-term disability leave.The Vermont Supreme Court reviewed the case and affirmed the lower court’s decision. The Supreme Court held that Westcott’s covert recording of workplace conversations did not constitute protected activity under FEPA or WCA. The court also agreed that the employee handbook did not create a binding contract that altered Westcott’s at-will employment status. Furthermore, the court found no basis for the promissory estoppel claim, as there was no specific promise breached by the employer related to Westcott’s termination.In summary, the Vermont Supreme Court affirmed the lower court’s grant of summary judgment to the employer, concluding that Westcott’s recording activities were not protected, his employment was at-will, and there was no breach of a specific promise that could support a promissory estoppel claim. View "Westcott v. Mack Molding, Co., Inc." on Justia Law

The petitioner worked part-time as a bus fueler and washer at Marble Valley Regional Transit (MVRT) for approximately four years. He passed a preemployment drug screen and signed an acknowledgment of MVRT’s drug and alcohol policy, which included random drug testing and termination for a positive drug test. In December 2022, he tested positive for marijuana during a random drug test and was terminated in January 2023 for violating U.S. Department of Transportation and Federal Transit Administration (FTA) regulations. The petitioner had a medical marijuana card issued in early 2020.The petitioner applied for unemployment benefits, which were denied by a claims adjudicator on the grounds of misconduct. He appealed to an administrative law judge (ALJ), who affirmed the denial but reduced the disqualification period to six weeks, recognizing the medical use of cannabis. The petitioner then filed a document with the Employment Security Board, seeking a declaratory ruling on the applicability of the misconduct disqualification provision to off-duty medical cannabis use. The Board treated this as an appeal and affirmed the ALJ’s decision, stating that the petitioner’s actions constituted misconduct under MVRT’s drug policy.The Vermont Supreme Court reviewed the case and affirmed the Board’s decision. The Court held that the Board properly declined to issue a declaratory ruling because the petitioner had an available remedy through a direct appeal. The Court emphasized that declaratory rulings are not a substitute for timely appeals of agency decisions. The petitioner’s appeal of the Board’s decision was dismissed as untimely, and the Court affirmed the Board’s order declining to issue a declaratory ruling. View "Skoric v. Department of Labor" on Justia Law

The claimant, a New Hampshire resident, was employed by a Vermont corporation with its principal place of business in New Hampshire. His job required traveling between New Hampshire and Vermont job sites. On September 13, 2022, while working at the New Hampshire facility, the claimant injured his hand. He filed for workers' compensation benefits with the employer's Vermont insurance carrier, which denied the claim due to lack of jurisdiction.The claimant appealed to the Vermont Department of Labor, arguing that his employment constituted "employment in this State" under 21 V.S.A. § 616(a). Both parties moved for summary judgment. The Commissioner granted summary judgment to the employer, concluding that the claimant did not meet the jurisdictional requirements because he was not hired in, did not reside in, and was not injured in Vermont. The Commissioner also found that the claimant worked more hours in New Hampshire than in Vermont and rejected the claimant's broader interpretation of jurisdiction under the statute.The Vermont Supreme Court reviewed the case de novo and affirmed the Commissioner’s decision. The Court held that 21 V.S.A. § 616(a) requires an injury to occur in Vermont for jurisdiction to attach, with an exception for injuries outside the state if the worker was hired in Vermont. The Court found that the claimant did not meet these criteria. The Court also noted that the claimant's proposed interpretation would lead to absurd results, potentially extending Vermont's workers' compensation jurisdiction nationwide based on corporate domicile alone. The Court concluded that the Commissioner’s interpretation was consistent with legislative intent and precedent, and thus, Vermont lacked jurisdiction to adjudicate the claimant’s workers' compensation claim. View "Burnett v. Home Improvement Company of Vermont" on Justia Law

The case revolves around an incident involving Michael Miller, a white Correctional Security Operations Supervisor at Chittenden Regional Correctional Facility (CRCF), and a black coworker. Miller asked the coworker if the food he was heating in the microwave was fried chicken, a comment the coworker perceived as racially discriminatory. Following an investigation, the State of Vermont terminated Miller's employment, citing violations of several personnel policies and work rules, including allegations of racial discrimination and harassment.The Vermont Labor Relations Board, however, reversed the State's decision. It found that while Miller's comments were inappropriate and unprofessional, they did not constitute racial discrimination or harassment as defined by the applicable personnel policies. The Board also found that the State failed to prove that Miller was untruthful during the investigation. Consequently, the Board reduced Miller's penalty to a twenty-day suspension.The State appealed the Board's decision to the Vermont Supreme Court, arguing that the Board misinterpreted the meaning of racial discrimination and harassment in the personnel policies. The Supreme Court affirmed the Board's decision, stating that the Board's interpretation of the policies was within its discretion and was supported by analogous definitions under Title VII of the Civil Rights Act of 1964. The Court also noted that the State could amend the language of the policies to more clearly define what constitutes racial discrimination or harassment. View "In re Grievance of Miller" on Justia Law

The case involves an appeal by the Department of Corrections (DOC) against a jury verdict in favor of plaintiff P. Mark Potanas under the State Employee Whistleblower Act. Potanas, a former superintendent of Southern State Correctional Facility (SSCF), claimed that the DOC fired him in retaliation for his whistleblowing activities. These activities included notifying the state about potential savings on a building renovation project and advocating for more mental health staff at SSCF. The DOC argued that Potanas did not engage in any "protected activity" under the Act, and thus, the trial court should have granted its request for judgment as a matter of law.The trial court denied the DOC's motion, finding that Potanas's report of potential waste and his complaints about mental health staffing were sufficient to meet the definition of "protected activity" under the Act. The jury returned a verdict in favor of Potanas, leading to the DOC's appeal.The Vermont Supreme Court reversed the trial court's ruling, agreeing with the DOC that Potanas did not engage in protected activity under the Whistleblower Act. The court held that the Act does not encompass reports about the possibility of future waste and that reporting on a known problem or disagreeing about how to resolve a known problem is not protected activity. The court remanded the case to the trial court to vacate the jury’s verdict and enter judgment for the DOC. View "Potanas v. Department of Corrections" on Justia Law

Claimant Semir Mahmutovic appealed a Vermont Department of Labor decision concluding that claimant’s prior employer was not obligated to reimburse claimant for lost wages under 21 V.S.A. § 640(c), and that the statute was not unconstitutional as applied to claimant. The Vermont Supreme Court determined that claimant conceded that the Commissioner properly interpreted § 640(c), and further concluded that claimant did not have standing to challenge the constitutionality of § 640(c). View "Mahmutovic v. Washington County Mental Health Services, Inc." on Justia Law

Plaintiff Zephryn Hammond appealed the grant of summary judgment in favor of defendant University of Vermont Medical Center on plaintiff’s claims of employment discrimination and retaliatory discharge. Defendant terminated plaintiff’s employment in April 2019. In October 2019, plaintiff filed a complaint alleging that defendant had discriminated and retaliated against plaintiff based on plaintiff’s race and disabilities in violation of the Vermont Fair Employment Practices Act (FEPA). The civil division concluded plaintiff had established a prima facie case that plaintiff’s termination was motivated by racial discrimination. However, it ruled that defendant had articulated a legitimate basis for the termination decision, namely, the performance issues identified in plaintiff’s evaluations and during the disciplinary process, and plaintiff had failed to prove that defendant’s proffered reasons were pretextual. The court determined that plaintiff failed to establish a prima facie case that plaintiff’s termination was the result of disability discrimination. Finally, the court concluded that the fact that plaintiff was terminated shortly after complaining of possible racial and disability discrimination created a prima facie case of retaliation, but that defendant offered legitimate nondiscriminatory reasons for termination and plaintiff had failed to show that the stated reasons were false. It therefore granted summary judgment to defendant on each of plaintiff’s claims. Finding no reversible error in the civil division's judgment, the Vermont Supreme Court affirmed. View "Hammond v. University of Vermont Medical Center" on Justia Law

The State of Vermont appealed a decision of the Vermont Labor Relations Board sustaining a grievance filed by the Vermont State Employees’ Association (VSEA) on behalf of several classified employees. The Board determined that the State violated the employees’ collective bargaining agreement (CBA) when it appointed another employee to a vacant position before the application deadline for that position had expired. The Vermont Supreme Court concluded that the Board correctly interpreted the CBA and therefore affirmed. View "In re Grievance of Marc Abbey et al." on Justia Law

Employer Howard Center appealed a trial court order that confirmed an arbitration award in favor of grievant Daniel Peyser and AFSCME Local 1674. In May 2019, employer expressed concern over grievant’s billing practices, specifically, his submission of billing paperwork in May for services provided in April. Employer told grievant that it was considering disciplining him for “dishonesty and unethical action” concerning the backdated bills. Grievant brought two billing notes from patient records to show that other employees engaged in the same billing practices. Employer did not reprimand grievant for the billing practices. In August 2019, however, employer informed grievant that he breached employer’s confidentiality policy by sharing the billing notes with his union representative at the June meeting. Employer issued a written reprimand to grievant. The reprimand stated that sharing client records without redacting confidential information violated protocols and state and federal regulations, and that grievant knew or should have known of these standards. Employer also explained that it was required to report the breach to state and federal authorities and to those individuals whose records were disclosed. Grievant filed a grievance under the terms of his collective-bargaining agreement, arguing in part that employer lacked just cause to discipline him. In an October 2020 decision, the arbitrator sustained the grievance. Employer then filed an action in the civil division seeking to modify or vacate the arbitrator’s award, arguing in relevant part that the arbitrator manifestly disregarded the law in sustaining the grievance. Employer asked the Vermont Supreme Court to adopt “manifest disregard” of the law as a basis for setting aside the arbitration award and to conclude that the arbitrator violated that standard here. The Supreme Court did not decide whether to adopt the manifest-disregard standard because, assuming arguendo it applied, employer failed to show that its requirements were satisfied. The Court therefore affirmed. View "Howard Center v. AFSCME Local 1674, et al." on Justia Law