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New Hampshire Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New Hampshire on
Q: How quickly is a salary employee supposed to be paid upon giving and sending a two week notice? What is the interest?

I voluntarily resigned my salaried position and gave a two week notice. I fulfilled my two weeks and moved on. The employer did not pay me until the next pay date. I was under the impression that in giving a notice I qualified to be paid in 72 hours which did not happen. Now another week later I... View More

0 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New Hampshire on
Q: Temp to hire first full time app withdrawn to due background discrimination was against policy but hired year after

1 background with temp met screening requirements, second application 4/5 months after first was dismissed and withdrawn for the purpose of retention with lower pay and no benefits. Finally got offer year later with lower pay than initial first offer year ago, misclassified as non exempt and exempt... View More

1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Municipal Law for New Hampshire on
Q: Could you clarify how NH RSA 95:1 applies to town employees, and if they are considered under “public office”?

Could you provide clarification on how NH RSA 95:1 applies to municipal employees who hold decision-making authority but may not be classified as elected officials? In a recent Select Board meeting, it was argued that this RSA only applies to “public officials,” and that employees like the Town... View More

Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

Someone like a town administrator is a public official as their authority to exercise significant discretion comes from the people who hired him/her to act on their behalf: the elected body of the Board of Selectmen. As such, their significant authority is delegated from an elected body. That would... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Hampshire on
Q: I was accused of being racist during a dispute at work. Aside from going to HR are there any actions I can take?

I got into a dispute with a person of color at work, ragarding a task that needed to be taken care of. I told the individual they were not going to win the argument, so they needed to walk away. That was all I said, nothing personal, nothing relating to color. The response from this individual, was... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

In addition to going to HR, consider having a calm, private conversation with the person involved. Explain your perspective and clarify that your intention was not to imply anything related to race. Sometimes, misunderstandings can be resolved through open and honest communication.

Reflect...
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1 Answer | Asked in Employment Law for New Hampshire on
Q: Is my employer required to pay me for 14 hours as a passenger, hourly employee, driving to a convention?

I am a hourly employee in NH. My company drives us to Boston, Philadelphia, Indianapolis for conventions. We drive to further away conventions, not fly, because the CEO has an exempt salary worker do all of the driving- in other words, he's not paying out any additional hours during travel,... View More

Michael Levin
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Michael Levin
answered on Apr 13, 2024

First, to be clear, this belongs under the heading of Employment Law, not Workers' Compensation. The latter, Workers' Compensation, only refers to workplace injuries. I am a workers' comp. attorney and will have to defer to the attorneys who handle employment law to give you an... View More

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for New Hampshire on
Q: Is it OK for a school front entrance to be completely blocked by buses so there is no way to reach the front office?

And can a crossing guard close down a road so buses can go instead of traffic which then again blocks emergency vehicles as well

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A New Hampshire attorney could advise best, but your question remains open for three weeks. It could depend on whether the school or school district imposes any conditions in the interest of child safety that supplement ordinary state and municipal vehicle & traffic laws. An attorney would... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: Do I have to use the dot doctor that my employer sends me to or can I choose my own?
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

This is a worker's compensation question. Repost in that category for a better answer. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer. Short answer, some states require it unless you have opted out before the injury.

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can an employer require you to give a reason when requesting a day off?

A new manager put in place a rule that if you are asking for time off you must provide a reason for that request. If the reason isn't good enough, you are denied your request. The request sheet is left out so that anyone can see your request.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 19, 2022

Yes. Since paid time off is not required by law, employers have a lot of discretion to define the terms of when and how employees can use it. If you don't want your requests to be seen by others, you can ask to mark the days you'd like off on the sheet and separately email or message your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can a new Employer deny hire for previously being on Disability

I previously was on Disability for a injury at past employer. I'm on pain management but I have a note stating I can go back to work without limitations. Can the new Employer rescind their offer of hire that I already accepted.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 27, 2021

More information is needed here. However, if you are physically able to perform all aspects of the job, but your employer rescinded your offer after learning you had a previous injury from which you are now recovered, you should contact a New Hampshire employment attorney to discuss whether you... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: I was offered shares of a company as part of my hiring package. Employment has been terminated, are my rights forfeited?

They said at the separation that my RSUs would be forfeited, but this was not part of the agreement and the hiring package offered. There was zero mention or documentation of forfeiture and now they are trying to get me to sign this paperwork.

Carrie Dyer
Carrie Dyer
answered on Mar 31, 2021

RSUs must vest before you can receive the underlying shares. Vesting schedules are often set to occur over time, so you would need to be employed at the company for a certain period of time before all or some of the RSUs vest. Termination of your employment usually stops the vesting, but this is... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: How long can an employer not pay you whats owed after a lay off?

I was laid off November 14th but was never paid for the last two weeks I worked. I was also never paid my vacation days or per diem that is owed to me. I have contacted HR and my former manager about this but have not received any response. I was told by another employee that they were on vacation... View More

Kyle Anderson
Kyle Anderson
answered on Dec 16, 2020

Some states have a minimum period of time that needs to pass before you can bring any action for lost wages. However, if you worked those hours, you are entitled to at least your state's minimum wage for those hours worked, along with any overtime you worked during the two week period if you... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can your employer change how you use your vacation time in the middle of the year? Explanation below.

We have always been able to call out and use vacation time to cover hours lost.( I have been at the same work place for over 27 years). More than half the employees have already used up their vacation time by calling out(without any prior notice). Now, my employer decides to say you can no longer... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 14, 2020

While this policy change seems unfair, there is nothing unlawful about it. Employers are not required to offer paid time off such as vacation time, so as a result, they have a lot of discretion regarding the rules and policies they create for using vacation time.

1 Answer | Asked in Employment Law for New Hampshire on
Q: I gave company three months notice that I would be taking early retirement. I then took my remaining vacation days.

While still an employee on vacation and months before my retirement date. The company is now offering an early retirement package. I was sent an email notification stating I am eligible for this as well as details and amounts on what I would receive if I elect to take this package. I am not sure if... View More

Kyle Anderson
Kyle Anderson
answered on Sep 3, 2020

Hi. I would accept the package in writing. You can work with your employer on a return to work date and finishing out the year and the employer can determine if there was any error in sending you the offer. In most cases, if someone makes an offer and that offer is accepted, the agreement is... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Been falsely accused at work of an affair with an employee based on an error in an expense report I approved.

I've always had a good report with my employees but now I'm worried they will start digging through emails and misconstrue funny / friendly IMs and Email. What should I do ?

Raul Jauregui
Raul Jauregui
answered on Jun 11, 2020

welp, I don't think this is as much of a legal question as one of perception and general office culture well being. So my reaction would not be legal, but would be to look at the better examples of people who have first changed their office's culture and later, if the matter came up,... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: New Hampshire. Amazon driver. Hourly, full-time. Worked 12.5 hours on a shift.

Manager changed employees time clock to reflect a 30 minute break without the employee's consent. Is this legal in the state of New Hampshire?

Carrie Dyer
Carrie Dyer
answered on Apr 22, 2020

Under the Fair Labor Standards Act, an employer is required to pay its employees for all time spent performing “compensable” work. However, employers do not have to compensate employees during “bona fide meal periods.” A bona fide meal period is a break during which an employee is relieved... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: School closures and being disciplined at work for caring for gour child

My wife is being disciplined at work for caring for our daughter during the school shut downs during the corona virus pandemic. She is also being disciplined for missed time for past absences. NH is in a state of emergency as well. Is there any protections in place for parents to care for their... View More

Carrie Dyer
Carrie Dyer
answered on Mar 18, 2020

Currently, there is no federal law providing protection for your wife's job in this circumstance, assuming that your daughter is not ill and only out of school because of the shut down. Congress is in the process of passing legislation that may impact this. You should consult an employment... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: My job required me to work 50 hours. The company cut 10 hours from the position Can I claim partial unemployment?

It was over $13,000 annually. All overtime. The company said it wants to make my position go in different directions. Nothing's changed same amount of work, but 40 hours now.

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 20, 2020

The Fair Labor Standards Act does not require employers to offer a specified amount of hours (or overtime hours) to employees, so employers are free to reduce the hours for your position, and unfortunately, you do not have any legal recourse here.

1 Answer | Asked in Employment Law for New Hampshire on
Q: If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

is terminated before the end of the contract?

Kyle Anderson
Kyle Anderson
answered on Feb 12, 2020

Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of... View More

1 Answer | Asked in Employment Law and Sexual Harassment for New Hampshire on
Q: Do I have a case for sexual harassment at my place of work? Should I lawyer up?

In October a new manager was introduced to my store when the old one moved up. New Manager = NM. Old Manager = OM. NM was disliked from the start due to staring at young, female employees, disregard for personal space, and yelling at the staff. He’s also on thin ice for messing up payroll &... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 16, 2019

Hopefully you kept the tape, or the OM will back up your claim. You should call Human Resources right away. You can file a sexual harassment claim with the Human Rights Commission online and they will perform an investigation. Good Luck!

1 Answer | Asked in Employment Law for New Hampshire on
Q: Can you record your boss on the production flor,hallway,warehouse in New Hampshire?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 12, 2018

NH is has a two way recording statute. Both parties need to be told that the other party is recording the other, otherwise is is a serious crime. There are exceptions but this does not sound like one of them. Be careful.

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