The Constitutional right of freedom of speech keeps the government from prohibiting certain speech. For example, you have the right in a public place to espouse your political views. People have the right to peacefully protest or show support to the government in public. However there is no obligation on a private employer to allow political speech in the workplace. …
New Hampshire courts narrowly construe employment non-competes to only protect the legitimate business interest of the employer. For example a non-compete agreement that limits an accounts payable employee of a software company from working for a competitive software company may not be enforceable. However, if that employee had used or threatened to use confidential financial information of the former employer…
No, this article is not providing suggested ways to alleviate your morning headache from last night’s overdrinking. This article is about how to avoid the financial hangover you can have from misbehaving at a holiday gathering. The end of the year can be a time for workers to take pride over what they accomplished over the last year and enjoy…
Employers want to protect confidential and propriety information as well as their going concern value often referred to as “good will.” As part of a plan to achieve that goal, employers may enter into employment agreements with employees that address confidentiality, inventions, non-solicitation of employees and customers and possibly a general non-competition prohibition. Most of these agreements also clarify that…
As owners of a company at times we are fortunate enough to have an employee with a strong and productive work ethic who: while in the office who gets along with everyone; works very diligently; takes work home; and only takes advantage of a small portion of the paid vacation available to the worker each year. Those employees should know…
A recent decision in the Massachusetts Supreme Judicial Court in the case of Emma Gyulakian vs. Lexus of Watertown, Inc. provides a good lesson to management who witness sexual harassment yet do nothing of it because the victim has not reported it. Gyulakian had been in her successful role as a finance manager at Lexus yet she was fired on…
That is a quote from Shakespeare’s “Hamlet” and the point is lending money to friends can cause resentment and upon default of the loan the lender loses his money and his friend. The same applies to work loans. Lending or loaning money to your employer could strain the employment relationship. If you are borrowing from your employer, both you and…
On May 26, 2016, a New Hampshire federal trial judge ruled against former employee Joseph Kertanis and in favor of his previous employer Georgia-Pacific Gypsum, LLC. In that case Kertanis claimed that his former employer fired him from its Newington, New Hampshire plant because he was critical of the plant’s human resource manager and after he responded to what he…
The New Hampshire legislature has passed a law adding RSA 275:37-b titled “Flexible Working Arrangement” which states that no employer shall retaliate against an employee solely because the employee requests a flexible work schedule. The new statute does not require the employer to accommodate a flexible work schedule and it specifically states that the statute does not create a cause…
On June 6, 2016, the New Hampshire legislature amended RSA 329 by inserting RSA 329:31-a which voids doctors’ non-competes restricting their practice in any geographical area for a period of time after the termination of their partnership, employment, or professional relationship. It does not void any other provision of the contract. This law applies to both new contracts and renewals…