Justia Vermont Supreme Court Opinion Summaries

The issue this case presented to the Supreme Court centered on the pay due to a state employee pursuant to a collective bargaining agreement when the employee temporarily takes on duties at a higher level. Grievant Christopher Spear appealed a decision of the Vermont Labor Relations Board that the State, as grievant’s employer, did not violate the nonmanagement unit collective bargaining agreement between the Vermont State Employees’ Association (VSEA) and the employer when it provided grievant with “higher assignment pay” of a flat five percent of his regular pay rather than placing, or “slotting,” him to a step in the pay grade associated with the higher assignment duties that was at least five percent higher than his regular pay. The Board found the agreement’s provision governing higher-assignment pay ambiguous and concluded, based on the evidence presented, that the parties intended to calculate higher-assignment pay using a flat rate without slotting. Finding no reversible error, the Supreme Court affirmed. View "In re Spear" on Justia Law

Defendant Richard Howell appealed a judgment in favor of plaintiff Kneebinding, Inc. on his counterclaims alleging breach of contract, tortious interference with contract, defamation, trademark violation, and misappropriation of trade secrets in this commercial contract and employment dispute. Howell contended on appeal that the trial court erred in concluding that: (1) a contractual release barred the counterclaims arising prior to the date of the release; and (2) the release was supported by sufficient consideration. In 2006, Howell formed Kneebinding, Inc. to develop a ski binding based on a new release mechanism that he had invented. John Springer-Miller provided major financing and received a controlling interest in the corporation. Pursuant to a series of agreements, Springer-Miller became the chairman of the board of directors and Howell was employed as president and chief executive officer. An employment agreement executed by the parties in November 2007 provided that Howell would be an at-will employee with an annual base and, in the event his employment was terminated "other than for Cause," Howell would receive severance payable in equal installments over a period of one year. Less than a year later, the company’s board of directors voted to terminate Howell’s employment without cause. Negotiations between the company and Howell over the terms of his departure resulted in a letter from Springer-Miller on behalf of the company to Howell confirming the terms of the severance arrangement. Pertinent to the appeal was an exhaustive list of claims which Howell agreed to release, "including, but not limited to," employment discrimination under federal and state law and tort and contract claims of every sort, subject to several exceptions, including Howell’s rights under the parties’ Voting Agreement and Investors’ Rights Agreement. In 2009, Kneebinding filed a lawsuit against Howell alleging that he had violated certain non-disparagement and non-compete provisions of their agreements, committed trademark violations and defamation, tortiously interfered with contracts between Kneebinding and its customers and distributors, and misappropriated trade secrets. Howell answered and counterclaimed, alleging counts for breach of contract, defamation, invasion of privacy, misappropriation, unfair competition, tortious interference with business relations, patent violations, and intentional infliction of emotional distress. Kneebinding moved for summary judgment on Howell’s counterclaims, asserting that they were barred by the release set forth in the letter agreement. The trial court granted the motion with respect to all of the counterclaims that arose prior to the execution of the release on and denied the motion as to those claims that arose after the release. Howell asserted that, in granting summary judgment on the counterclaims, the trial court erred in finding a valid release because he never signed the separate release of claims set forth in Attachment B to the letter agreement. Finding no reversible error, the Supreme Court affirmed the trial court. View "Kneebinding, Inc. v. Howell" on Justia Law

Plaintiff Daniel Brown appealed a superior court decision granting summary judgment to the State on his claim of employment discrimination in violation of the Uniformed Services Employment and Reemployment Rights Act. He argued that summary judgment was improper because genuine material issues of fact remained as to whether his membership in the Vermont National Guard was a motivating factor in the State's decisions not to promote him, and ultimately to terminate him from his position. Finding no reversible error, the Supreme Court affirmed. View "Brown v. Vermont" on Justia Law

Plaintiff Michelle Straw appealed a superior court judgment that dismissed her case for breach of an implied employment contract against defendant Visiting Nurse Association and Hospice of Vermont and New Hampshire (VNA). She argued the jury instructions in her case were erroneous and prejudicial because they failed to instruct on the standard for "just cause" termination. Finding no error, the Supreme Court affirmed. View "Straw v. Visiting Nurse Association and Hospice of VT/NH" on Justia Law

Appellant Windham County Sheriff’s Department (WCSD) appealed a decision of the Employment Security Board that held it liable for reimbursement of unemployment compensation benefits as a base-period employer of a former employee. WCSD argued that because the employee was terminated for gross misconduct, and because an amendment to the statute governing reimbursement of unemployment compensation benefits that would have removed its liability for payments for employees terminated for gross misconduct took effect before the employee became eligible to receive any benefits, it should not have been held liable for reimbursement payments. Finding no error in the Board's decision, the Supreme Court affirmed. View "Windham County Sheriffs Department v. Department of Labor" on Justia Law

Plaintiff Adam Cate sued the City of Burlington for breach of contract and intentional infliction of emotional distress (IIED) claiming that the City disciplined him for actions and in a manner not authorized by the City's personnel manual. The trial court granted the City's motion for summary judgment, finding the manual unambiguously allowed the City to place plaintiff on paid administrative leave pending an investigation into unacceptable behavior. The court also concluded that plaintiff failed to prove his claim for IIED. Plaintiff argued on appeal that the trial court misconstrued the City's personnel manual, that issues of fact still remained, and there was sufficient evidence of outrageous conduct. Upon review, the Supreme Court disagreed with plaintiff's claims of error and affirmed the trial court's grant of summary judgment to the City. View "Cate v. City of Burlington" on Justia Law

Defendant City of Burlington Retirement System appealed a superior court judgment that reversed its decision to terminate the disability retirement of plaintiff, a former City firefighter. Upon review, the Supreme Court concluded the record fully supported the superior court's conclusion that there was no reasonable basis for the Board's decision to terminate plaintiff's disability retirement. View "Preston v. Burlington City Reitrement System" on Justia Law

Claimant Deborah Lydy was a traveling licensed practical nurse employed by defendant Trustaff, Inc. While on duty, a patient attacked her causing her to suffer (among other things) an acute cervical sprain. The issue before the Supreme Court in this case centered on whether employer-health insurance premiums should have been included when calculating claimant's average weekly wages under the state workers' compensation laws. The Department of Labor concluded that such premiums were not "wages" and should not have been included. Concluding that the Vermont Legislature did not intend for wages to include payments made on behalf of employees for the purpose of acquiring health insurance. Accordingly, the Court affirmed the Commissioner's judgment. View "Lydy v. Trustaff, Inc." on Justia Law

In 2006, Claimant Robert Brown tore the rotator cuff in his right shoulder while at work. The issue on appeal before the Supreme Court in this case centered on whether the workers' compensation laws precluded a certain impairment rating and associated award of permanent partial disability benefits for Complex Regional Pain Syndrome (CRPS) when the claimant was not diagnosed with CRPS, but an expert confirmed he had it. The Commissioner of the Department of Labor and the trial court both concluded that the applicable law denied the Commissioner discretion to assign the impairment rating and award benefits associated with CRPS when the diagnosis did not meet the diagnostic standards. Upon review of the matter, the Supreme Court concluded the Commissioner erred in his conclusion, and reversed and remanded for reconsideration. View "Brown v. W.T. Martin Plumbing & Heating, Inc." on Justia Law

The Town of Vernon appealed a superior court decision that reversed its decision to fire police chief Kevin Turnley. The Selectboard determined that the chief made inaccurate statements at public meetings when asked about his knowledge of a certain criminal defendant's (a sex-offender) residence in town and why he didn't tell the community. Upon review of the matter, the Supreme Court concluded that Selectboard failed to make the necessary findings on record to support the chief's firing, so the Court affirmed the superior court's decision. View "Turnley v. Town of Vernon" on Justia Law