A common question asked by clients who are injured in a car crash is, “what is my case worth?” The honest answer, at least at the outset, is “I don’t know yet.” The reason for this is simple. The value of any claim varies based upon the type of injury, the amount...
Many workers find their jobs involve some level of negotiating agreements either with vendors, customers or others. Prior to entering into such negotiations, it is important for the worker to analyze the negotiation parameters. The worker must first understand his level of authority in negotiating on behalf of his employer. This may, especially for a new offering, require research on…
To prove employment discrimination it is not enough for the employee to show that the disciplinary action he received was unfair or that the employer was wrong in finding that the employee had a performance problem which resulted in the disciplinary action. The employee must show that the employer took disciplinary action against the employee due to discriminatory animus. This…
One of the most common reasons people do a trust is so their assets will avoid having to go through probate after they die. What is probate? Probate is court supervised estate administration; it is the court process that oversees the ultimate distribution of your assets. Probate can be a lengthy, stressful and costly process and most people want to…
While the Jumpstart Our Business Startups Act (the “Act”) has recently been signed into law, collecting small sums of money from the general public over the Internet is not a new phenomenon. Crowdfunding or crowdsourcing has been around for a few years. In the past, the majority of the Crowdfunding sites catered to one time creative events such as a…
In my experience in representing employers for several decades, these are some insights as to how to avoid being fired. First try to avoid sharing your personal feelings to co-workers. While all of us at times may be going through difficulties, whether it being a loss of a family member, divorce, physical injury, or other stressors, if you are consistently…
The New Hampshire Supreme Court on December 23, 2021 in the case of Patricia Crowe v. Appalachian Stitching Company, LLC, reaffirmed for both employers and employees alike that under New Hampshire and federal law, the disabled employee’s explanation of what he/she needs to do in order to perform the job does not establish what are the actual essential functions of the…
On January 31, 2022, the New Hampshire Federal Court in the case of Leah Wallace v. NH Ball Bearings, Inc. granted summary judgment to the employer New Hampshire Ball Bearings, Inc. against the against the employee Leah Wallace so that she was unable to go to trial on her claims under the American With Disabilities Act (“ADA”), the New Hampshire law against…
Often, when a person dies and owned real estate, that real estate needs to be sold; sometimes it is sold to pay debts of the estate but most often it is sold because the heirs do not want to deal with the real estate and prefer money instead. If you are going to be responsible for dealing with the real…
On October 7, 2021, the New Hampshire federal court in the case of James Saunders, et al v. Shaw’s Supermarkets, Inc. issued an Order dismissing Saunders’ whole host of claims due to his frustration he was fired from his job at Shaw’s after coming into the store while on vacation and berating one of his co-workers on duty who was closing…