The State of New Hampshire has passed this past summer a new Limited Liability Company Statute. The “New Act” replaces and supersedes the old Act. The New Act will be phased in over the next two years. All companies that have been formed or will be formed prior to the end of this year may elect under Section 5 of…
Arranging for a parent or other loved one to become a resident of a nursing home is never an easy decision. It is usually done at a time when emotions are high. It is very important for the person arranging for nursing home care to carefully scrutinize the documents of the nursing home. One such document is the Admission Application…
If one of your vendors has been overcharging you for a period of time and you have not noticed it and thereafter seek to collect that sum from the vendor, you may find the vendor raising a variety of legal defenses including ratification, waiver, and account stated. Ratification may occur if a party knows about an unauthorized act and makes…
Independent sales representatives are afforded particular statutory rights in New Hampshire to ensure they receive the commissions they are due. Since these independent sales representatives are not employees of the company of whose product they are selling, they do not have the protections afforded to employees under New Hampshire’s wage and hour law, RSA 275. However, RSA 339-E provides protection…
When a company determines that it is going to reduce its work force, concerns may arise by those laid off as to whether or not the reduction in the work force was done in such a way to target older workers and therefore in violation of age employment discrimination laws. An objective performance-based evaluation that is strictly adhered to by…
The New Hampshire legislature has enacted a new statute which became effective July 14, 2012 regarding non-compete and non-piracy agreements to employees. In particular, the law states: “[p]rior to or concurrent with making an offer of change in job classification or an offer of employment, every employer shall provide a copy of any non-compete or non-piracy agreement that is part…
We are often concerned that our elderly parents or grandparents, as the case may be, might be subjected to scams or manipulated into providing gifts to people. If your parents are living alone, it is important to ensure that they are up to date on the most recent scams; whether internet or otherwise. For example, in New Hampshire, we have…
Under New Hampshire Law, 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. Generally, for most cases, the New Hampshire Department of Labor is the best place for an employee to go for such…
This question is asked regularly by my business clients. I have negotiated, drafted, and litigated these types of agreements for both the employer and employee. Under New Hampshire law, employment non-competes are treated differently than non-competes in the sale of a business. In the sale of a business, the seller is selling her business and the good will of her…
New Hampshire law clearly outlines that a party is only entitled to a fault ground divorce if he or she is an “innocent” spouse. In order to be an innocent spouse, the husband or wife must be “free from guilt”. In other words, the party requesting a fault ground divorce must not also be guilty of an offense against the…