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New Hampshire Employment Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read 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... Read 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... Read 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 &... Read 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.

1 Answer | Asked in Employment Law for New Hampshire on
Q: Re applying for position at the same company and being denied.

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.... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur 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.

1 Answer | Asked in Employment Law for New Hampshire on
Q: If my husband is salary paid and he works 50+ hrs a week, sometimes 15hr days 6days a week should he be paid overtime?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 24, 2018

Short answer is, based on these facts is-depends- it depends on what his title and job requirements are. There are federal and state laws that clearly protect employees from being called salary employees when in fact they should be getting overtime pay. You should call the NH Department of Labor.... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: Does employer have to pay the 3 wks notice?

I have 4 weeks earned vacation time and I plan on giving a three week notice to my employer of me leaving the firm. It is my understanding that provided I give a two-week notice, I am entitled to my vacation time. I am wondering if my employer does not accept my resignation and terminates me when... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Mar 7, 2018

First of all, congratulations on giving your company a four week notice, that in of itself shows that you are a very conscientious employee and they should appreciate that. I do believe, under your set of facts that yes, if they ask you to leave early you have indeed satisfied the requirement of a... Read more »

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... Read 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... Read more »

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for New Hampshire on
Q: when i return to work from workmans comp do i get the my same positon i had when i left?. i live in newhampshire thank
Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

If you had a reduction in pay due to being out comp has to make that up. But contact a member of the NH Assn for Justice because they give free consults and you want to know what to do to protect yourself

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... Read 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... Read more »

1 Answer | Asked in Employment Law, Business Law and Contracts for New Hampshire on
Q: Can a contracting company require independent sub-contractors to pay for inspections of personally owned work equipment?

Husband is an independent contractor under contract for Contracting Cable Co A that contracts work from Contracting Cable Co B that contracts work from Major Cable Co C. Contracting Cable Co B is requiring an inspection of independent contractors personally owned work ladders and requiring said... Read more »

Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

If it is in the contract then they can require it.

1 Answer | Asked in Employment Law for New Hampshire on
Q: I'm 16, in school, working 65 hours a week. Can I get extra money? Seems a bit illegal. I live in NH. USA.
Israel Piedra
Israel Piedra answered on Dec 28, 2015

Unless you work in certain occupations, any time worked over 40 hours/week should be paid at 1.5 times your normal wage. Read the statute for more information: http://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-21.htm (section VIII)

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