Under New Hampshire law, absent a contract, employees have an employment-at-will relationship which means they can be fired or quit with or without reason or with or without prior notice. There are a variety of state and federal statutes that protect employees from having an adverse employment action as a result of being discriminated against, filing a worker’s compensation claim,…
How many companies hire independent contractors and allow them access to all the company information; probably more than you think. In a recent Massachusetts Superior Court case, C.R.T.R., Inc. v. Lao, et al. the court granted summary judgment to the defendant independent contractor stating that because the company did not require him to sign a confidentiality agreement, the company could…
It is not enough for an employee who was fired to prove that he is a member of a protected class to establish an employment discrimination claim. On December 3, 2013, the New Hampshire federal court entered summary judgment for Tyco Integrated Cable Systems, Inc. against Greg Hubbard’s claims of employment discrimination and retaliation. The judge provided a thorough analysis of…
With the end of the year approaching, employees may find themselves socializing with co-workers at holiday gatherings, receiving year-end bonuses, and perhaps looking for a job change. Below are some considerations for each of the above. New Hampshire is an employment-at-will state which means that employers may fire an employee with or without cause and notice. While there are certain…
The majority of employees in the State of New Hampshire can be classified as being at-will employees. An at-will employee is an employee who does not have an employment contract with the employer. As such, their employment status is precarious in that an employer can terminate an at-will employee at any time for almost any reason. A wrongfully terminated at-will employee…
‘Tis the season to be jolly, but not to be opinionated, boorish, drunk, or unprofessional. Companies may have holiday gatherings arranging from a cookie swap, luncheon, or even a formal dinner and dance. During this time of the year some workers may believe it appropriate to express why their religion is better than another worker’s and the employer can and…
Employers may be liable for firing an employee for seeking medical leave to which he is ineligible. On October 9, 2013, the United States Court for the Court of Appeals First Circuit, which hears appeals from the federal trial courts in New Hampshire and Massachusetts, affirmed the Massachusetts federal trial decision in McArdle v. Town of Dracut. The Family Medical…
When an employee is told she is going to lose her job and given an option of a severance agreement, while she may feel pressured to take this severance deal, she should understand that it is likely that she would not only receive the benefits, but the obligations of that deal. Such was the situation of Terry Bryant, who after…
If an employer uses criminal background checks in determining if it is going to hire or retain an employee, the employer should look at the full circumstances or risk a successful employment discrimination claim based upon a claim of disparate impact on minorities. Recently in complaints filed in the Federal Courts in Illinois and South Carolina, the Equal Employment Opportunity…
A business arrangement that you perceive as a win / win between you and someone providing services for you may result in an unintended employer / employee relationship. Such were the facts of the case decided by the New Hampshire Supreme Court on August 21, 2013, being the Appeal of Thomas Phillips. In that case, Thomas Phillips appealed the decision from…