College faculty have fiduciary responsibilities to their employers just like any other employees. A decision entered by the New Hampshire Federal Court on October 23, 2009 sets forth a set of circumstances upon which a college sued its former faculty member and that faculty member’s new college for attempting to take an academic program, along with faculty and students, to…
With the arrival of the holiday season, there will be events and issues which employers and employees should think about in advance. If you attend a work holiday party, it is extremely important to remember to exhibit the same good judgment and discretion that you exhibit at work. While the party is a time to relax and socialize with your…
If a company requests or demands that an employee create a story or change a document to bolster the company’s posture in a lawsuit, the worker must refuse. Falsifying evidence in a legal proceeding is a crime and it is a crime for anyone who participates in such acts. There are many variations of falsifying information that may occur in…
New Hampshire employers cannot retaliate against workers who report illegal actions of the employer or who refuse to follow an illegal order. The Whistleblowers’ Protection Act, R.S.A. 275-E, prohibits an employer from discharging, threatening or otherwise discriminating against any worker regarding such workers’ compensation, terms, conditions, location or privileges of employment because the worker, in good faith, reports or causes…
New Hampshire workers’ compensation law provides substantial protections to workers involved in work-related injuries. One of these protections prevents creditors, in most instances, from being able to collect from a worker’s compensation claim or award for debt which is owed to them Pursuant to RSA 281-A:52, claims for compensation under the Workers’ Compensation statute are not assignable and are exempt…
Accessing your private e-mails from your own web-based e-mail account through your employer’s computer may permit the employer access to those e-mails. Such a result was discussed in the case of Marina Stengart v. Loving Care Agency, Inc., et al where the Superior Court of New Jersey, Appellate Division, ruled on June 26, 2009 that certain e-mails obtained by the…
If a sales rep individually contracts with one or more companies that manufacture, produce, import, or distribute a product for sale to customers in New Hampshire and if that sales rep is paid a commission, in whole or in part, for those sales, he may have certain protections under a New Hampshire statute, RSA 339-E, regarding receiving commissions after the…
A recent First Circuit of Appeals decision addresses what happens when an employer erroneously tells an employee that they are entitled to the Family Medical Leave Act leave (“ FMLA”). The FMLA entitles eligible employees to take 12 weeks of unpaid leave during any 12-month period to care for a family member who is seriously injured. To be eligible for…
Occasionally in business one must deal with a disgruntled vendor, customer, current or former employee. Sometimes that person’s reasons for being disgruntled may be legitimate, sometimes they may be unjustified. As business people, we sometimes make a decision to resolve a matter by paying a disgruntled individual with monies, goods or services. In such a circumstance, careful consideration should be…
The United States Supreme Court on June 18, 2009, in a 5/4 split decision, in the case of Gross v. FBL Financial Services, Inc., addressed the burden of proof of an employee in a federal age discrimination claim. In trial, who has the burden of proof is important in that a judge or jury deciding a case will consider the…