New Hampshire’s worker compensation law provides an employee with a work related injury to reinstatement to his prior job for up to 18 months from the date of injury once the injured employee has recovered enough to return to work. This obligation is to all New Hampshire employers who have five or more employees. Obviously, that is a long time…
New Hampshire’s Wage and Hour Statute RSA 275 applies to employees. Only employees are able to go to the New Hampshire Department of Labor to seek unpaid sales commissions as wages. Employees may get up to twice the amount of commissions owed, a hearing much quicker than in court, and reimbursement of attorneys’ fees. Independent contractors who are salespersons are not…
New Hampshire and Massachusetts have similar provisions in their wage statutes that permit an employee who is not paid to seek payment from those who are in management at the company and who made the decision not pay the employees. Start-up companies may seek to attract investors and board members of their companies and to the extent those investors and…
Under New Hampshire’s Worker’s Compensation Law employees with work-related injuries have a reinstatement right up to 18 months from when they had the injury. However, in 2016, that statutory right is clarified in New Hampshire Supreme Court Decision of Appeal of Marti in which the Court held that a worker who was legitimately terminated from employment for cause is not…
Sexual harassment is getting its due attention as revelations of sexual harassment by politicians, news reporters, actors, and others have surfaced. Employers under New Hampshire, Massachusetts, and federal law have an obligation to prevent sexual harassment in the work place. Employers should take any claim of sexual harassment seriously. However, it would be a major mistake for the employer to “err…
A recent New Hampshire Supreme Court decision confirms that employers must be extremely careful in clearly defining their ability to modify a bonus or commission under New Hampshire law. In the New Hampshire Supreme Court December 21, 2017 decision of International Business Machine Corporation (IBM) v. Gary Joseph Khoury, the Court confirmed a trial court’s ruling that Khoury is entitled…
In order for a will to be valid in New Hampshire, the will needs to be made by an individual, called a “testator,” of at least 18 years of age and of sane mind, it needs to be written, it needs to be signed by the testator or at his express direction and in his presence, and it needs to…
Sometimes, a beneficiary doesn’t want to accept some or all of an inheritance. The refusal of a gift is called a disclaimer. She may want to disclaim her inheritance for tax purposes; if she lives in a state that has an estate tax, she might not want to add more money to her own estate in order to keep her…
A written and properly signed power of attorney for healthcare, part of New Hampshire’s Advanced Directives, allows a person to delegate to an agent the authority to make healthcare decisions on their behalf in the event the person is unable to make healthcare decisions for himself, either due to permanent or temporary lack of mental capacity. The agent would be…
Throughout the year, and particularly during the holiday season, coworkers may be interacting socially off the clock. While employers do not have an obligation to monitor a worker’s off-the-clock activities, what happens between coworkers after hours can affect their employment. If coworkers get together during the holidays, whether at: a company-sponsored holiday party; a local pub; or a coworker’s house,…