Gauthier v. Keurig Green Mt., Inc.

129 A.3d 108, 200 Vt. 125, 2015 VT 108 (2015)

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Gauthier v. Keurig Green Mt., Inc.

Vermont Supreme Court
129 A.3d 108, 200 Vt. 125, 2015 VT 108 (2015)

Facts

David A. Gauthier (plaintiff) worked for Keurig Green Mountain, Inc. (Green Mountain) (defendant) as a maintenance technician beginning in 2007. Gauthier used a computer to search for machine-part numbers. To use the computer, Gauthier logged in with a username and password. In 2009 Gauthier was placed on a corrective-action plan for issues with his coworkers, which Gauthier completed. In May 2010, Gauthier received a written warning for violating Green Mountain’s internet policy. A member of human resources requested a Websense report for maintenance employees on August 1, 2011. On August 2, Gauthier sustained a work-related injury and filed a workers’-compensation claim. On August 22, based on the Websense report showing Gauthier had extremely high internet usage as well as Gauthier’s previous corrective-action plan and discipline for internet usage, human resources recommended that Gauthier be terminated. Gauthier was informed of his termination upon returning from medical leave. Gauthier disputed the Websense report, pointing out that the report showed him visiting Facebook even though he did not have a Facebook account. Green Mountain put Gauthier on administrative leave to investigate. An information-technology employee told human resources that Websense was accurate unless employees shared their usernames and passwords, which Gauthier then denied. Gauthier was terminated, and he filed a claim for workers’-compensation retaliation. Gauthier’s expert witness opined that the Websense results were inaccurate, and Gauthier argued that Green Mountain’s reliance on an obviously inaccurate report demonstrated that the reason for his discharge was pretext for retaliation. Green Mountain was granted summary judgment in its favor, and Gauthier appealed.

Rule of Law

Issue

Holding and Reasoning (Eaton, J.)

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