Under New Hampshire law a worker is prohibited from disclosing or using her employer’s trade secrets even if she did not sign a confidentiality agreement. New Hampshire law prohibits the misuse of an employer’s confidential and proprietary information by statute. RSA 350-B, Uniform Trade Secret Act, makes it illegal to disclose or use a trade secret of another without consent.…
Under New Hampshire Law, sales commissions are a part of wages by statute and an employee has the right to bring a wage complaint before the New Hampshire Department of Labor in Concord or a complaint in the Superior Court to collect those commissions. Generally, for many cases, the New Hampshire Department of Labor is the best place for an…
Some employers provide life insurance as an employee benefit. The beneficiaries of the life insurance do not automatically change upon termination of your employment or divorce, as was illustrated in the December 22, 2014 New Hampshire federal trial court decision of the Prudential Insurance Company of America v. Penny Santy as Administratrix of the Estate of Robert Santy and Debra…
An employment non-compete agreement is an agreement between an employer and employee that states that during the period of employment and for a certain period thereafter the employee will not compete in a certain restricted area with the employer. The courts in both New Hampshire and Massachusetts understand that these provisions prevent employees from obtaining a job and therefore will…
After a long year of hard work, holiday parties, whether company sponsored or at a co-worker’s house, can be a great opportunity to get to know your co-workers better and make friends. However, both the employer and the workers should consider the work force as a team and not a family. At a family gathering, some family members may get…
It is not uncommon in restaurants for the wait and bus staff, bartenders, and other employees to share tips; however, New Hampshire has a specific rule in regards to same. The current rule in statute NH RSA 279:269-b states that tips are wages and property of the employee receiving the tip. Any tip-pooling or sharing arrangement has to be done…
With Massachusetts, our friendly neighbor directly to the south, many New Hampshire employers send their employees into Massachusetts in the course of their employment. When this occurs, New Hampshire employees may come under the protection of Massachusetts’ Statutes. In particular, New Hampshire employees may be entitled to the benefits of the Massachusetts Prevailing Wage Statutes when working on state funded…
Employers seek to hire and retain workers who not only can do the job, but show enthusiasm while working and perform the job effectively. Some workers shortly after being hired and others, perhaps later, become lackadaisical related to their job performance. When dealing with such a worker, it is best to provide a clear review identifying the dissatisfaction that management…
Experience and contacts in an industry often makes job candidate more value. Since a job candidate usually get her experience and contacts working for competitors, the company considering hiring said candidate needs to consider restrictions on that candidate’s ability to do the job because of her obligations to her prior employer. First, the company should inquire as to whether the…
People with an entrepreneurial spirit may join with others of like mind to invest time and perhaps money into a start-up company. If the start-up company becomes successful and produces a good or service that customers ultimately purchase, the company can be successful. Those who invested time and money may reap a return on their investment including, possibly an ownership…