New Hampshire Questions & Answers by Practice Area


New Hampshire Questions & Answers

Q: How long can my employer keep me on a mandatory unpaid leave not related to conduct?

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
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 Department and let them know about this. I have never heard of anything so ridiculous.
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Q: I fell on black ice in my employer's parking lot reporting to work and fractured my patella. Is that WC or civil?

1 Answer | Asked in Personal Injury and Workers' Compensation for New Hampshire on
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 workman's comp. The best way to get the answer is to file a workman's comp claim and see if it gets denied by the employers insurance carrier, then you can appeal to see how the appeals board will rule....
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Q: I did several podcast interviews as well as videos with a company from Massachusetts. Can they use w/o a contract.

1 Answer | Asked in Contracts for New Hampshire on
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 arrangements are between you.
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Q: I was building a house as a sub contractor and left tools behind can the home owner claim them as abandoned?

1 Answer | Asked in Construction Law and Consumer Law for New Hampshire on
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 a court system, to resolve civil issues. Good Luck!
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Q: (racism) one of my professor she behaved with me and my wife in front what can I do I can't prove it

1 Answer | Asked in Employment Discrimination and Civil Rights for New Hampshire on
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!
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Q: My friend let her son go see his grandparents

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

1 Answer | Asked in Divorce for New Hampshire on
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 how you bring this up if both of you wanted the children in school and they reside in Mass but you did not let the school know they moved. Good luck!
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Q: My landlord entered my apt without permission not for any emergency twice is the lease still valid? Can I leave?

1 Answer | Asked in Landlord - Tenant for New Hampshire on
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, getting out of the lease may be a bit more tricky but if the landlord is entering your apartment without reasonable grounds to do so, getting out will be easier. Good luck!
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Q: Can I sue school for wrongly implying that I bullied someone?

1 Answer | Asked in Education Law, Personal Injury, Internet Law and Libel & Slander for New Hampshire on
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.
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Q: Can I evict my nephew from our house

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Answered on Nov 28, 2017

If you BOTH own the house, then no, you probably can't evict him. You MAY be able to partition the house, and sell if he won't buy you out, but the details of what you can and cannot do are far too complex to get into in a forum like this. You need to both

1) Complete the probate of the house (it sounds like you haven't done that yet) so the home is owned by you and your nephew rather than the estate, and

2) then figure out what can be done to resolve the situation with the...
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Q: I'm buying a house and it has a rental apt in it and the previous bad tenant will not leave. How fast can I get them out

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Answered on Nov 14, 2017

If you are still planning to purchase, then demand owner for a vacant possession of house by xxx time before finalization of your deal.

If you have already paid for and owner handed over key to you, then you can send eviction notice for your personal need.
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Q: Is it legal for the lessee of an apartment to have a co-lessee removed if the co-lessee is no longer a tenant

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Answered on Nov 4, 2017

Ex-lessee is no more a tenant, hence not authorized to have free access to appt. except with permission of the mgt. or one with whom he visited. It would be in the interest of all.
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Q: What would justify payment of more than the no look fee of $4,500 for a chapter 13 bankruptcy?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Oct 23, 2017

Motion to vacate stay, reaffirmations, certifications of default, additional confirmation hearings, adversary complaint, fighting proofs of claim to name a few
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Q: What is the maximum amount an attorney can legally charge a client for a chapter 13 bankruptcy in the state of NH?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Oct 20, 2017

Attorneys fees in Chapter 13 are subject to local court rules. Attorneys may charge anything in accordance with the contract with the debtor/client but if the fee exceeds the "no look" amount of a maximum of $4,500, then the attorney must file an application with the court to have the fee approved. The court will grant or deny the application based on all of the circumstances. No fee application is required if the total of the fee received is $4,500 or less. But anything over requires an...
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Q: If an Motion is filed in a NH Superior Ct, how long does the defendant have to file an Objection?

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Answered on Oct 19, 2017

Depends on what kind of Motion it is, generally speaking-10 days...
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Q: If a defendant's has failed to file an objection to Plaintiff's Motion for Summary Judgement 30+ days, what happens ?

1 Answer | Asked in Contracts and Civil Litigation for New Hampshire on
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 court would not be able to dismiss the case. In other words if the SJ was filed after the time to do so was allowed, then the court would not dismiss. Also, the court does not have to dismiss a case just...
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Q: Are there any laws that govern a shared private road and access to property?

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on
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 the offender abide by the rules regarding private access, repair and rules if any were indeed written when the road was formed. make sure to check the original surveys that were done to show actual...
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Q: I was involved in an accident 6 weeks ago, but just began to experience neck pain this week.

1 Answer | Asked in Car Accidents for New Hampshire on
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 see your doctor or emergency room to have it looked at and to make sure someone can determine the underlying cause, and to also determine if the accident is the case. It's best to notify the other party...
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Q: Check the more information section

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Oct 15, 2017

If she is not complying with the Court Order then one option is to file a motion for contempt. She will be responsible for your costs if you are successful. The guardian cannot stop visitation - you will need to ask the Court to modify the Order so your daughter gets to dance class.
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Q: Is it legal in NH for my boss fire me for filing bankruptcy?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Oct 4, 2017

Not to my knowledge. Unless you owe your boss money, there is no particular reason for him/her/it to know about your filing of a petition.
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