Employment discrimination laws prohibiting retaliation are not meant to give employees the right to sue their employer over petty slights or minor annoyances that often take place at work and that all employees experience, but rather are to address employer actions that could well dissuade a reasonable employee from making or supporting a charge of discrimination. In a May 17,…
Educational degrees are a legitimate requirement for numerous jobs and claims of employment discrimination because an unsuccessful candidate who is in a protected class yet did not have the required educational degree will fail when the employer can prove that requirement was not a mere pretext for discrimination. Such was as in the April 18, 2013 decision from the United…
Being discriminated against in the work place does not give the employee the right to secretly audiotape her co-worker in order to get evidence of the discriminatory misconduct. On February 19, 2013, the United States Court of Appeals for the Second Circuit in the case of Jewanta Desardouin v. City of Rochester, Vincent McIntyre addressed the issue of when an…
A recent Iowa Supreme Court decision found that an employee fired from being irresistible to her boss does not have a wrongful termination claim. This has understandably been the cause of public outrage. In that case, the Court found that a dentist, James Knight, did not violate Iowa’s Civil Rights Act when he fired a dental assistant, Melissa Nelson, who…
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…
Independent sales representatives are afforded particular statutory rights in New Hampshire to ensure they receive the commissions they are due. Since these independent sales representatives are not employees of the company of whose product they are selling, they do not have the protections afforded to employees under New Hampshire’s wage and hour law, RSA 275. However, RSA 339-E provides protection…
When a company determines that it is going to reduce its work force, concerns may arise by those laid off as to whether or not the reduction in the work force was done in such a way to target older workers and therefore in violation of age employment discrimination laws. An objective performance-based evaluation that is strictly adhered to by…
The New Hampshire legislature has enacted a new statute which became effective July 14, 2012 regarding non-compete and non-piracy agreements to employees. In particular, the law states: “[p]rior to or concurrent with making an offer of change in job classification or an offer of employment, every employer shall provide a copy of any non-compete or non-piracy agreement that is part…
Under New Hampshire Law, 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. Generally, for most cases, the New Hampshire Department of Labor is the best place for an employee to go for such…
This question is asked regularly by my business clients. I have negotiated, drafted, and litigated these types of agreements for both the employer and employee. Under New Hampshire law, employment non-competes are treated differently than non-competes in the sale of a business. In the sale of a business, the seller is selling her business and the good will of her…