As stated in previous articles, employees do not have a right to freedom of speech to discuss politics at the private workplace. In general, First Amendment Freedom of Speech protects you from the government restricting certain speech, not your private employer. While public employees, such as police officers, are afforded a little more protection they are not permitted to do…
An employment non-compete provision states that while you work for the company and for a period defined thereafter, often a year, you will not work within a defined geographical area within that industry. If your career has focused in on that industry and you have ties to the area, a non-compete can keep you at a job you dislike or…
Are you in need of assistance in paying the funeral expenses for a deceased loved one who’s death was attributed to COVID-19? FEMA is providing financial assistance to ease some of the financial burden on loved ones who have unexpectedly lost someone due to COVID-19 under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue…
On March 22, 2021, the New Hampshire federal court in the case of Timothy Record v. Hannaford Bros. Co., LLC denied Hannaford Bros. Co., LLC’s request for a summary judgment of the claims of its former employee Timothy Record. Record claimed he endured pervasive sexual harassment based upon gender, sex, and sexual orientation and that his work conditions were so intolerable…
In 2003, the Supreme Court, in the case of In re: Blanchflower, defined adultery as sexual intercourse between persons of the opposite sex. On April 1, 2021, the Supreme Court overruled Blanchflower and reinterpreted the term adultery to include sexual intercourse between a married person and someone other than the person’s spouse regardless of the sex or gender. In 2003,…
Generally when an insurance company has to pay out on a claim they have the right under the policy to subrogation which allows them to go after the responsible party. For example, if your furnace malfunctions causing a fire in your house and it was the result of a negligent installation by a company, your homeowner’s policy would pay for…
While New Hampshire is an employee-at-will state, meaning that either the employer or the employee may end the relationship with or without cause or notice, there is a public policy exception to that law plus federal and state statutes to set parameters regarding the ability to fire or take other adverse employment actions against an employee. An annual job performance…
The Capitol riot at the beginning of this month prompted social media to terminate the accounts of President Trump, most notably his Twitter account. In response, several critics, including the President, stated that this was a unprecedented assault on free speech. The First Amendment puts restrictions on the government’s ability to regulate free speech, but not that of social media.…
Attorney J. Daniel Marr discusses Boundary Disputes in New Hampshire. Subscribe to our YouTube Channel.
In the recent decision of Morris and Morris, the New Hampshire Supreme Court clarified when a step-parent can be awarded parenting time with a step-child. In Morris, the father had a child for a previous relationship. He then married the step-mother and had children with the step-mother. The step-mother, however, never adopted the father’s child. When the father and step-mother…