Education:
Vermont Law School, South Royalton, Vermont, 1981
J.D.
University of Notre Dame, 1978
B.A.
Representative Cases:
Haverlty v. Kaytek, Inc. (1999). A prominent example of Mark Scribner’s
experience in successful employment litigation on behalf of employers
can be found in the Vermont Supreme Court decision Haverly v. Kaytek.
Kaytek retained Carroll & Scribner, P.C. to defend it from a wrongful
discharge suit. The plaintiff alleged the employer unlawfully retaliated
against him by making his workplace environment intolerable after he
filed complaints with OSHA’s Vermont office. Mr. Scribner successfully
defended his client, in large part because over objection he introduced
into evidence statements made by the plaintiff in support of an application
for unemployment benefits from his subsequent employer that cast doubt
on his claims about Kaytek’s treatment of him. Although such unemployment
application statements are by statute confidential, the Supreme Court
agreed with Mr. Scribner’s argument that by putting his reasons
for leaving Kaytek at issue, the plaintiff waived his privilege under
the statute. Based on the arguments advanced by Mr. Scribner, the Court
created new law in Vermont by holding that it would be improper to allow
employees to use the confidentiality privilege as “not merely
a shield, but a sword as well.” Haverly v. Kaytek, 169 Vt. 350,
352 (1999).
Classes/Seminars Taught:
Instructor, Business Law, Champlain College, 1990
Instructor, Business Law, American Institute of Banking,
1992
Professional Associations and Memberships:
Chittenden County Bar Association Member
Chairman, Vermont Bar Association, Committee on Interprofessional
Relations between Attorneys and Bankers, 1987 - 1991
Past Employment Positions:
Chittenden Bank, Associate Counsel, 1982 – 1988
Civic Associations:
Member, City of Burlington Zoning Board, 1989 - 1990
Board of Directors, Leadership Champlain Training
Seminar
Board of Directors and Past President, Champlain Senior
Center
Town of Essex, Youth Athletic Coach
Town of Essex, School District, Principal Search Committee
- Middle School
Birth Information:
June 22, 1956, New York, New York
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