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Questions Answered by Joseph Kelly Levasseur
1 Answer | Asked in Employment Law and Personal Injury for New Hampshire on
Q: What do I do if I am injured on the clock, then beg for safety issues to be fixed, then instead I get fired?

Injured by broken glass on a Monday, went home. Talked to my boss essentially begging her to fix a bunch of long-ongoing safety and equipment issues before I could come back. She said she'd get in touch with me the next day. Didn't hear from her for three days, then on Friday she fired... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Jan 15, 2018

This is a complex issue that needs to be worked on with an employment attorney. You may have a suit for wrongful termination based on a public policy claim, but the facts need to be looked at more closely to make that determination. She can' deny your unemployment claim, but you can simply... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: How long can my employer keep me on a mandatory unpaid leave not related to conduct?

First they put me on a pip out of the blue after 17 months of employment without warning, many of the details are for things that others do and things i have done throughout the duration of my employment. Ive done very well on the pip.

Recently they say someone found a bedbug and they are... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

I would look first at the employee handbook to see what the policy is for being forced out of your job or put on unpaid leave and make sure they are following the procedures outlined in the handbook. If there is nothing in the handbook that protects you from this then you should call the Labor... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for New Hampshire on
Q: I fell on black ice in my employer's parking lot reporting to work and fractured my patella. Is that WC or civil?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

This is a great question and there is much case law interpreting the issue both ways. If you were reporting to work but had not punched in yet it may be considered a personal injury because you had not started work yet, but if you were coming back from lunch or a break it could be considered... View More

1 Answer | Asked in Contracts for New Hampshire on
Q: I did several podcast interviews as well as videos with a company from Massachusetts. Can they use w/o a contract.

Because there was no contractual agreement can these people still use these podcast videos and any material I shared with them if I choose to stop them from doing so.?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

This should come down to ownership and the verbal agreement you have with them. Not sure why they would be able to use them without your permission and with something in writing. If they are up on YouTube, you control the passwords and the content. Again, not sure form these facts what the... View More

1 Answer | Asked in Construction Law and Consumer Law for New Hampshire on
Q: I was building a house as a sub contractor and left tools behind can the home owner claim them as abandoned?

There was no contract and multiple discrepancies between home owner and contractor. After the contractor (my boss) felt he fulfilled his part of this job he told me to get paid from the home owner if I wanted to keep working on this house. The home owner didn't want to pay me my rate so I... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

Since he made the threat of holding a gun on you, you should file a complaint with the police department and have them go with you to get your property back. If the property owner feels you owe him money he can't resolve the issue by keeping your tools and threatening you, that is why we have... View More

1 Answer | Asked in Employment Discrimination and Civil Rights for New Hampshire on
Q: (racism) one of my professor she behaved with me and my wife in front what can I do I can't prove it

First appointment she told me you will not continue on this program . Many times ask me to change my seat . When I try to figure why I get that grade And try to ask her how can I improve she have an answer before I ask my question. For example if I have a question related to the lecture she told... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

The best option is to contact the Dean of the school and file a complaint immediately. You can also find the student representative that was most likely assigned to you when you started school. You may also be able to file a complaint with the Human Rights Commission in Concord, NH. Good Luck!

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My friend let her son go see his grandparents

My friend let her son go see his grandparents in North Dakota and now they are saying they won’t let him come home what can she do

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

She can call the police in North Dakota in the town the grandparents live in and try to file criminal charges for kidnapping. She should also file criminal charges in NH with her local police department so they can help her get her children back.

1 Answer | Asked in Divorce for New Hampshire on
Q: Wife and kids moved in March to MA kids finished school in NH till the end of June. Where were they considered residents

She is claiming they have the 6 months needed residence for the kids for her to try to have the divorce moved to MA. Are they considered NH residents still while they still went to school in NH? I filed in October for the divorce.

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

The children's residence will most likely be determined to be where they live not where they attend school. March was quite some time ago so it really will depend on where they resided for all that time. I wonder if the school has the children's address listed in Mass or NH? Be careful... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: My landlord entered my apt without permission not for any emergency twice is the lease still valid? Can I leave?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

What are the reason(s) the landlord stated for having to go into your apartment? Check your Lease to see what the conditions are for him to do so, most leases contain a clause that they can enter in emergency situations. If it was not an emergency you should call the police and file a report,... View More

1 Answer | Asked in Education Law, Personal Injury, Internet Law and Libel & Slander for New Hampshire on
Q: Can I sue school for wrongly implying that I bullied someone?

I was given a suspension based on a comment I made referencing someone, but I never even said their name. This was not the first time I said something about her and I was given a warning the first time. However, I feel as if this time, the comment I made isn't considered bullying and that they... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

I don't see enough facts in this scenario to justify a lawsuit unless there is more, a good place to get someone in the school ranks to help you with any problems you may have may start with filing a complaint to your superintendent or to the person representing your district on the school board.

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Q: If an Motion is filed in a NH Superior Ct, how long does the defendant have to file an Objection?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

Depends on what kind of Motion it is, generally speaking-10 days...

1 Answer | Asked in Contracts and Civil Litigation for New Hampshire on
Q: If a defendant's has failed to file an objection to Plaintiff's Motion for Summary Judgement 30+ days, what happens ?

judge also never executed the Motion and went along with the jury trial !

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

The rules of the court state if the defendant does not respond to the summary judgement motion, then the case will be dismissed. Courts like to dismiss cases so this is unusual, if the summary judgment motion was not filed within the time frame of the rules that were set by the parties then the... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on
Q: Are there any laws that govern a shared private road and access to property?

We have a person who's shrinking the entrance way which will be causing a safety issue for those below this barrier. The owner won't reason nor remove the problem. She's doing this just to cause a problem for everyone below her property. This all started because she doesn't want... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

One way to deal with this problem is to look at the documents that formed the private road to see what the rules say about how to deal with this and who is responsible-since you share the road with someone else. If you cannot resolve the issue you can go to court and have a judge make a ruling that... View More

1 Answer | Asked in Car Accidents for New Hampshire on
Q: I was involved in an accident 6 weeks ago, but just began to experience neck pain this week.

Can I still get my medical bills paid for?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

Not sure if you ever received an answer to your query, but kep in mind, many people do not immediately experience pain form an accident, sometimes it does take weeks or even months to realize the accident may have caused you the pain you are now feeling. If you do feel any pain, its best o go to... View More

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