Under New Hampshire and Massachusetts law, employment non-compete agreements are narrowly construed to protect only the legitimate business interests of the employer. If an employee who has signed a non-compete agreement leaves his job and goes to work for a competitor, the former employer may choose to sue. The employer can seek either strictly damages caused by the alleged violation…
I have received several calls over the years by employees with the misapprehension that if they quit their job because they were not being paid they will not be able to collect unemployment compensation. This is incorrect. If you have been an employee of a company and quit because the employer states they can no longer afford to pay or…
Employment Separation Agreements are important contracts and as such they should be reviewed with an attorney. Separation Agreements generally provide, at a minimum, severance pay that a terminated employee would not otherwise receive in exchange for a release of the employer by that employee. Depending upon the circumstances of the employment termination, the employee may not have any claims against…
Employment discrimination laws focus on substantial adverse employment actions, not petty nuisances in the workplace. This point was illustrated in the March 20, 2009 New Hampshire Federal Court decision of Elyssa B. Slater v. Town of Exeter and Richard Kane . In May 2006, following her graduation from law school, Slater became employed by the Town of Exeter as its…
The First Circuit Court of Appeals entered a decision on February 23, 2009 in the case of Marianne J. Fantini v. Salem State College which assists employers and employees alike understanding certain parameters of employment discrimination claims in New Hampshire and Massachusetts. The First Circuit Court of Appeals hears appeals from the federal trial courts in both New Hampshire and…
When an employee sues his former employer for discrimination, the employee is obviously concerned that his reputation is not further damaged by the litigation. The employer being sued, however, may want information from both former and current employers of that employee and will seek such information in litigation. The Massachusetts Federal Court addressed this issue in a discovery order on…
If an employee loses a job as a result of a customer’s complaint, it is very difficult for that employee to hold that customer legally responsible. The claim against a customer would be a claim of intentional interference with contractual relations. This type of claim was analyzed in a recent New Hampshire federal court decision. In the case of George…
Under New Hampshire law, employers are obligated to pay their employees all wages that are due them which includes salary, hourly wages, sales commission and non-discretionary bonuses. Vacation/sick/personal time pay will also be considered as wages when they are part of a company policy or agreement between the employer and employee. If the company has the ability to pay its…
An agreement between an employer and his employee which restricts the employee from competing with the employer after he quits or is fired can be enforceable and can restrict and limit the employee’s options for work after he leaves the employer. Basically, under New Hampshire law, employment restrictive covenants on competition are narrowly construed to protect the legitimate business interests…