Litigation is a highway with many exits. This is a principle that every car accident victim should know. Insurance companies are often unwilling to settle at a fair value of a claim prior to the filing of a lawsuit. A recent case best illustrates this scenario. An injury victim sustained serious personal injuries as a result of a head on…
At the beginning of a new year, decisions are made to end relationships that are not working; whether it is in one’s personal or business life. For employers January is often one time during the year to terminate employment of underperforming employees. Sometimes the worst underperforming employee also complains to others about how unfair he thinks the company is on…
A First Appearance is a court proceeding held in every divorce action filed in New Hampshire with minor children as well as any initial filings for parental rights and responsibilities and/or child support. These proceedings are meant to educate the parties as to the court system and the benefit of mediation. Because the First Appearance is typically the first involvement…
In order to receive a domestic violence restraining order under NH RSA 173: B, the person seeking the restraining order must prove by a preponderance of the evidence that he/she was abused. In Hurley v. Hurley, an ex-wife sought a restraining order against her ex-husband, predicated on the ex-husband’s text message. In the text message, the ex-husband stated “wish you…
In a decision issued on November 19, 2015 in the case of German v. Lopez, the United States District Court for the District of Massachusetts issued an order requiring two minor children to be returned immediately to the Dominican Republic. The facts show that a divorced mother relocated her two minor children form the Dominican Republic to Massachusetts without the…
When determining a measure of discipline for an employee’s misconduct or failure to adequately perform her duties, it is extremely important to consider the source of the information received by the decision-maker and whether or not that source has any bias. The importance of such an analysis was illustrated in the recent November 3, 2015 decision by a New Hampshire…
If your adult son (or daughter) is having a tough time coming up with money for a down payment on a house or has other financial needs that you are willing to meet for him, before providing the money discuss with him whether the money payment is a gift or a loan. If you intended the money payment to be…
New Hampshire Wage and Hour Law require employers to provide written notice to their employees of their compensation and benefits and therefore who, what, when, and how of sales commissions need to be put in writing. Companies often clarify in writing to a salesperson that he will not be paid commissions until the customer pays. However when the commission is…
Politics are on the minds of many of all of us now, yet we should be cautious about if and how we share our political opinions in the workplace. Most employees in New Hampshire and Massachusetts are at-will employees, which means they can be fired with or without cause and with or without notice except for certain limited reasons under…
On July 1, 2015 New Hampshire prohibited the use of mobile electronic devices while driving. Under the statute, no person may use a hand-held mobile electronic device capable of providing voice or data communication. In essence, use of mobile phones, tablets, iPads, iWatches, and/or other similar devices is prohibited while driving upon a road or highway, even if the vehicle…