Under New Hampshire Law, sales commissions are a part of wages by statute and an employee has the right to bring a wage complaint before the New Hampshire Department of Labor in Concord or a complaint in the Superior Court to collect those commissions. Generally, for many cases, the New Hampshire Department of Labor is the best place for an…
It is possible that you individually or your business may find that someone who owes you money has filed for bankruptcy. Sometimes not only does that debtor leave a portion of the debt owed to you unpaid, but, to add insult to injury, the bankruptcy Trustee, debtor-in-possession, or the Unsecured Creditor’s Committee sends a demand letter asking for the return…
Some employers provide life insurance as an employee benefit. The beneficiaries of the life insurance do not automatically change upon termination of your employment or divorce, as was illustrated in the December 22, 2014 New Hampshire federal trial court decision of the Prudential Insurance Company of America v. Penny Santy as Administratrix of the Estate of Robert Santy and Debra…
Under New Hampshire law, property owned by each spouse at the time of divorce is to be included in the marital estate, regardless of whether title to the property is held in the name of both parties or only one party, and regardless of whether of the property was acquired before the marriage or during the marriage. While the court…
An employment non-compete agreement is an agreement between an employer and employee that states that during the period of employment and for a certain period thereafter the employee will not compete in a certain restricted area with the employer. The courts in both New Hampshire and Massachusetts understand that these provisions prevent employees from obtaining a job and therefore will…
It is not uncommon for a spouse to transfer all or a portion of his marital residence to the other spouse, whether it be for estate planning purposes or otherwise. If there becomes a creditor problem later for the spouse that made the transfer, there may be a challenge to the prior transfer claiming that it was a fraudulent transfer.…
The use of social media over the last several years has exploded. The use of Facebook, Instagram, Twitter, LinkedIn, and other social media sites are commonplace in today’s society. As a result, insurance company adjusters as well as their attorneys routinely monitor injury victims’ social media sites. Accordingly, it is important for the injury victim to restrict access of his/her…
For the 26th consecutive year, H&K elves have been hard at work shopping and wrapping for two young children. We want them to have the best Christmas ever! Every year the firm “adopts” children through the Front Door Agency (previously known as the Nashua Pastoral Care Center). Employees of the firm donate generously so everything on the children’s wish lists…
After a long year of hard work, holiday parties, whether company sponsored or at a co-worker’s house, can be a great opportunity to get to know your co-workers better and make friends. However, both the employer and the workers should consider the work force as a team and not a family. At a family gathering, some family members may get…
A recent decision from the Appellate Division of the Massachusetts State Court illustrates the dangers of a business either incorporating or creating a limited liability company and then not disclosing that fact to people with whom they contract. Often individuals decide to create a corporation or a limited liability company and register it with the secretary of state’s office in…