On January 1, 2010, New Hampshire became one of the handful of states that recognize same sex marriages. Prior to January 2010, New Hampshire allowed same sex civil unions. Whether the same sex parties have a civil union or marriage, New Hampshire law allows them to proceed in a divorce in the same manner as a heterosexual couple. This means that…
‘Tis the season to be jolly, but not to be opinionated, boorish, drunk, or unprofessional. Companies may have holiday gatherings arranging from a cookie swap, luncheon, or even a formal dinner and dance. During this time of the year some workers may believe it appropriate to express why their religion is better than another worker’s and the employer can and…
Employers may be liable for firing an employee for seeking medical leave to which he is ineligible. On October 9, 2013, the United States Court for the Court of Appeals First Circuit, which hears appeals from the federal trial courts in New Hampshire and Massachusetts, affirmed the Massachusetts federal trial decision in McArdle v. Town of Dracut. The Family Medical…
Last month, the Securities and Exchange Commission (SEC) released its proposals setting out the crowdfunding framework as required by Title III of the Jumpstart Our Business Startups Act 2012 (JOBS Act). http://www.sec.gov/rules/proposed/2013/33-9470.pdf. The rules, once finalized, will become known as “Regulation Crowdfunding,” and are intended to provide another way for companies looking to raise capital outside of the more heavily…
Hamblett and Kerrigan is pleased and honored to announce that it has been selected by the readers of The Telegraph as the Best of Greater Nashua 2013 in the Attorney category. This honor demonstrates our highly experienced team of legal professionals’ commitment to providing legal services in a manner which has earned us a high degree of respect from our…
One of the most difficult actions a court can undertake is the termination of a parent’s parental rights over their child. Termination of parental rights entirely severs the bond between parent and child, and is usually reserved for only the most extraordinary of cases. Two recent New Hampshire Supreme Court opinions, In re: Sophia Marie H. and In re: Faith…
When an employee is told she is going to lose her job and given an option of a severance agreement, while she may feel pressured to take this severance deal, she should understand that it is likely that she would not only receive the benefits, but the obligations of that deal. Such was the situation of Terry Bryant, who after…
If an employer uses criminal background checks in determining if it is going to hire or retain an employee, the employer should look at the full circumstances or risk a successful employment discrimination claim based upon a claim of disparate impact on minorities. Recently in complaints filed in the Federal Courts in Illinois and South Carolina, the Equal Employment Opportunity…
A business arrangement that you perceive as a win / win between you and someone providing services for you may result in an unintended employer / employee relationship. Such were the facts of the case decided by the New Hampshire Supreme Court on August 21, 2013, being the Appeal of Thomas Phillips. In that case, Thomas Phillips appealed the decision from…
Effective August 1, 2013 new Child Support Guidelines are in effect in Massachusetts replacing the prior version of the Child Support Guidelines. For any order issued on or after August 1, 2013, the court must apply the new Guidelines, including any modifications of any prior orders issued under the former Child Support Guidelines. If you have any questions regarding the…