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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 
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
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
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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... View More
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
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
And can a crossing guard close down a road so buses can go instead of traffic which then again blocks emergency vehicles as well
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
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.
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.
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
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.
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
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.
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
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
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
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
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.
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
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
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 ?
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
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?
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
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
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
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.
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.
is terminated before the end of the contract?
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
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
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!
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.
My daughter is changing jobs and has accrued 42+ hours of paid time off. However, the employee handbook and HR dept. state that only 20 hours will be paid regardless of how many hours have been accrues. Is this really legal?
I recently reapplied for a position I had with the NH liquor Commission. I left my clerk position with a 2-week notice. I reapplied for
the same position and was told I was not eligible for re-hire. I ask why and was told that I was not permitted know why. Is there a way to find out why.... View More
answered on Apr 30, 2018
You could ask to see your personnel file, from the time you were working there, and possibly take a look at anything that is in there.
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