The Americans with Disabilities Act and state discrimination laws requires that employers provide reasonable accommodations to disabled employees so that they can do the essential functions of their job. A recent decision from an Ohio federal court points out that telecommuting for disabled employees may not be the answer. In the case of Brian Preston v. Great Lakes Specialty Finance,…
In this vlog Attorney Dan Marr discusses when sales commissions are due a former salesperson for sales booked before she leaves her New Hampshire employer but paid for by the customer subsequently. Click here to view this vlog on our YouTube channel.
In this vlog Attorney Dan Marr discusses enforcing and defending New Hampshire employment non-competition and non-solicitation contractual provisions. Click here to view this vlog on our YouTube channel.
Employment non-competes are generally not looked upon favorably. New Hampshire has a statute that requires non-competes given to new employees to be provided before they accept the position. Under both New Hampshire and Massachusetts law, employment non-competes are narrowly construed to protect the legitimate business interests of the employer. Usually non-competes also have what is called a non-solicitation provision. Non-solicitation…
On April 21, 2017, a New Hampshire federal judge ruled in the case of Wanda Duryea v. MetroCast Cablevision of New Hampshire, LLC, et al. that Wanda Duryea could not go forward to a jury on a variety of her employment disability claims related to her firing because both she and her doctor agreed that: her chronic obstructive pulmonary disease…
State and federal employment discrimination laws require employers to reasonably accommodate employees with disabilities in order to enable them to do their job; however, employee misconduct does not usually afford any reasonable accommodation. By way of example, if an employee threatens violence against a coworker, employers may generally fire that employee. The employee has no constitutional freedom-of-speech rights in the…
Generally under New Hampshire law contracting parties are precluded from pursuing tort recovery for pure economic or commercial losses associated with a contractual relationship. Therefore an independent contractor that has a contract with a company to provide services, if unpaid has a breach of contract claim against the company that owes the money. Employees on the other hand will have…
New Hampshire employers are permitted in an application for employment to ask a job candidate if he has been arrested or convicted of a crime that has not been annulled by a court. An annulment of a criminal conviction is a procedure upon which the court makes a ruling that the criminal record of the person for that crime is…
Hugging can be a social greeting exhibiting friendliness and a caring personality. However, at least one court has found that pervasive, unwelcome, hugging could rise to the level to constitute sexual harassment under Title VII of the Civil Rights Act of 1964. The 9th Circuit Court of Appeals made a ruling on a California case of Victoria Zetwick v. County…
On February 24, 2017, the New Hampshire Supreme Court agreed with the trial court’s dismissal of former teacher Beverly Cluff-Landry’s claims against the Roman Catholic Bishop of Manchester, d/b/a St. Christopher’s School. That case arose from Cluff-Landry suing with a claim: under our state’s whistleblower statute; wrongful discharge; and slander. Cluff-Landry in 2008 had been hired by the school’s former principal…