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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…
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…
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…
At times employees are confronted with bullying and boorish behavior of their bosses or co-workers. Such a work environment is bad for employee morale and, in turn, may decrease employee productivity and cause employee turnover as well as potential legal claims. Management should stop such bullying or boorish behavior. However, employees should understand that defamation legal claims against the persons…
Many workers provide their services as independent contractors and not as employees thereby obtaining an IRS Form 1099 at the end of the year instead of an IRS Form W-2 for their taxes. However, there are rules aimed at making sure that companies do not take advantage of workers by misclassifying them as independent contractors and thereby losing certain benefits…
Bull Moose store chain founder, recently apologized for firing 20 employees at its Salem, New Hampshire location and offered them to return to their jobs with back pay. The dispute resulted when the workers met with the Bull Moose leadership and raised concerns about its plans to relax the rule of wearing masks in the store, and after that meeting…
Attorney J. Daniel Marr discusses employment agreements in New Hampshire. Subscribe to our YouTube Channel.