Written unambiguous agreements between employers and employees are generally enforced based upon their specific terms, irrespective of whether the employer or employee claim they orally agreed to something other than what is in the written agreement. This issue was addressed by the United States Court of Appeals for the First Circuit in the February 18, 2011 case of Anthony Artuso…
Last month, State Senator William Brownsberger reintroduced the bill, called “An Act Relative to Noncompetition Agreements.” Like its predecessor, if this bill becomes law, it will severely restrict the enforcement of noncompetition agreements in Massachusetts. Unlike the previous version of the bill this version does not restrict noncompetition agreements to employees who earn more than $75,000 a year, and it…
It is that time of year again, the time to file your company’s annual report with the New Hampshire Secretary of State’s office. The deadline of April 1st seems a ways off, but it can sneak up of you. The filing of an annual report is required of all corporations and limited liability companies whether you company is domestic company…
As the end of 2010 approaches, many of us will attend social gatherings with fellow workers, whether it is a company holiday party or informal get-together. Such gatherings are an opportunity to get to know your fellow workers in a more casual setting, not a time to get drunk, pry into others’ personal lives, tell dirty jokes or disparage co-workers.…
At the beginning of the new year, some workers are considering making a move to a new employer and as part of that consideration should assess their obligations to protect confidential information of their former employee including information they have obtained from their former employer’s computer network. A recent New Hampshire federal court case addresses a dispute between a worker…
The Internal Revenue Service is keeping current with consumer technology. Recently they unveiled a smartphone application that lets taxpayers check on their status of their tax refund. “This new smart phone app reflects our commitment to modernizing the agency and engaging taxpayers where they want when they want it,” said IRS Commissioner Doug Shulman. “As technology evolves and younger taxpayers…
Employees of private employers may legitimately lose their job for exercising what they believe is their free speech at the work place. This point was illustrated in the New Hampshire federal court decision of John R. Griffin, Jr. v. Margaret Garrison. In that case, Griffin filed a lawsuit against Garrison as a New Hampshire Department of Employment Security employee in…
A recent decision from the New Hampshire federal court dismissing a lawsuit brought by a professor against the University of New Hampshire illustrates that an employer’s public disparagement of an employee does not always give the employee the right to pursue a defamation claim against the employer. John Collins, a tenured professor at the University of New Hampshire, filed a…
Chester Lopez of Hamblett & Kerrigan has been recognized by The Best Lawyers in America® as one of the nation’s top lawyers in Corporate Law for 2011. Attorney Lopez is one of a distinguished group of attorneys who have been listed in Best Lawyers since its inception. The Best Lawyers in America is the definitive guide to legal excellence in…
On July 26, 2010, the Massachusetts Supreme Judicial Court issued a landmark ruling abolishing an antiquated restriction on damages received from snow and ice cases. Prior to this ruling a victim who slipped and fell on snow and ice could only recover against the landowner if the victim proved that there was an “unnatural accumulation” of snow and ice. Recognizing…