Your company may find itself facing a charge of discrimination with the New Hampshire Human Rights Commission from a former employee and even if you think the company has done nothing wrong, you still need to take the time to fully and accurately respond to the claims. You should first check with your insurance company to see whether or not…
A March 22, 2016 decision by a federal New Hampshire trial judge illustrates the need to keep accurate employee time records. In the case of Yin Gui Chen v. C & R Rock, Inc., et al, Chen received a judgment in the amount of $16,930.76 for his claims of underpaid wages and overtime pay as a cook at the Peking…
For fellow Star Wars followers, yes the title of this article is a play on words to lighten an otherwise serious topic. Many business owners have come across a situation where they have an employee who has either acted badly in the work place or is a poor job performer, yet, when that person is fired, the former employee falsely…
A boss may have to pay for her employees’ mistakes. Under the legal doctrine of respondeat superior and as well as under principal and agency law, an employer may be held liable for the negligent or intentional actions of her employees if the actions are committed by the employee within the scope of his employment. This legal doctrine attempts to…
Intimate relations between a supervisor and her subordinate can cause a host of problems for the employer. For one, workers who also report to that supervisor may believe their co-worker, who is having intimate relations with the supervisor, is getting preferential treatment whether it be access to overtime, preferable tasks or other benefits delegated at the discretion of the supervisor.…
Employers need to recognize the reality that not all of their workers will be honest. They should take precautions to minimize the chance that a worker can steal from the company. One of the most costly thefts to an employer can be embezzlement of funds by someone with access to the company bank account. The most basic example of this…
On February 23, 2016, the New Hampshire Supreme Court has clarified that under the New Hampshire Discrimination Statute, RSA 354-A, individuals can be liable for aiding and abetting the employer company in discrimination in the workplace and for retaliation in the workplace. The case is U.S. Equal Employment Opportunity Commission, et al v. Fred Fuller Oil Company, Inc., yet the…
If a business offers a fired or laid off employee more than two-weeks’ pay in severance benefits, it is generally prudent to require the employee to sign an employment separation agreement in exchange for the pay. Such an employment separation agreement should contain a release wherein the employee by accepting the severance payments waives the right to bring suit or…
On December 9, 2015, I wrote an article in regards to a November 3, 2015 decision by the New Hampshire federal trial judge in the case of Maureen McPadden v. Wal-Mart. In that article I discussed the November 3, 2015 decision of the judge allowing McPadden’s claims of discrimination and retaliation to go to a jury. McPadden had been a…
Both state and federal employment discrimination laws in New Hampshire and Massachusetts prohibit adverse employment actions against employees because of their protected classes but do not prevent such acts against employees for their misconduct, even if they are a member of protected class. Firing an employee because of his gender, race, religion, age, disability, or another protected class would be…