The trial court ruled that the jury was justified in finding interference against Mr. Jordan, who was the head of the union that represented the correctional workers at the state prisons. The broad purpose of the statute is to protect government employees and provide a full right to publically discuss opinions. The claim at trial was that the Department of Corrections had interfered with that right.

If you are a public employee in NH and you think that your rights are being interfered with in terms of speaking out against government corruption or improprieties, feel fee to contact us. This was the first verdict received by a state employee under RSA 98-E so we have the experience to assist you if you feel you have a claim.

The two Registers filed suit claiming a breach of contract based upon the elective office that they had run for knowing the salary for which they would be paid and sought relief from the court. The Superior Court said that NH Supreme Court has never before dealt with the issue of constructive discharge when an employee’s job responsibilities are all but eliminated but the employee does not resign.

The trial court cited federal decisions around the country as precedent for concluding that the two Registers of Probate were constructively discharged in violation of law. A hearing on damages has been scheduled.
(READ ORDER)

This is an emerging area of the law and the first case to so hold that if you have your title and a nominal salary, you still have been constructively discharged from your job. If you have been discharged from your job, please give us a call at 1-800-240-1988 to discuss or fill our on online Contact Form to see if you have a case.

Employee… understands that the terms of this employment, including compensation, are confidential… Disclosure of these terms to other parties may constitute grounds for dismissal.

After an employee was placed with a company named El Paso his paychecks and expense reimbursements were not timely made. He complained not to his employer, but to the person he was contracted to, El Paso, and then El Paso notified the temp agency. That agency then terminated the employee.

The employee filed an unfair labor practice charge and the First Circuit Court of Appeals upheld the NLRB finding that the confidentiality agreement was too broad. An employee is entitled to certain rights such as engaging in activities concerning their pay and benefits and the confidentiality policy would chill those employee rights if it is not enforceable against the employee under these circumstances.

If you have a situation where you think your rights are being violated, please contact us as we represent employees in private and public employment. Call us at 1-800-240-1988 or fill out our Contact Form online.

Is this legal? Not under New Hampshire law.

New Hampshire law extends greater protections to pregnant employees than federal law. Under federal law, employers must only give the same protections and benefits to their employees as they do to other employees afflicted with temporary disabilities. New Hampshire law goes further. New Hampshire employers must give pregnant employees leave, and must keep their jobs open for them, for so long as they experience medical conditions associated with their pregnancies that render them unable to work or that restrict their ability to perform certain job duties. The employer can only avoid liability for breach of this duty if it can prove “business necessity” to replace the pregnant employee.

An employer who violates a pregnant woman’s rights under New Hampshire law can face liability for lost wages, emotional distress, humiliation and inconvenience, pain and suffering, loss of enjoyment of life, and attorney’s fees.

If your employer has fired you due to your inability to perform some or all of your job duties due to a pregnancy-related medical condition, you should consult a New Hampshire attorney experienced in employment discrimination law. We only represent employees in employment cases so please contact us to help you. Call us at 1-800-240-1988 or fill out our online Contact Form. ]]> http://www.nhlawoffice.com/blog/what-are-my-rights-as-a-pregnant-employee/feed/ 0 http://www.nhlawoffice.com/blog/workers-compensation-disability-benefits-paid-forever/?utm_source=rss&utm_medium=rss&utm_campaign=workers-compensation-disability-benefits-paid-forever http://www.nhlawoffice.com/blog/workers-compensation-disability-benefits-paid-forever/#comments Mon, 09 Apr 2012 20:01:34 +0000 Administrator http://www.nhlawoffice.com/?p=2292 For whatever reason, many injured workers harbor the mistaken belief that, once they begin receiving workers’ compensation disability benefits, they will receive them forever. This is not the case. There are several ways disability benefits may terminate. First, there is a 5-year cap on temporary partial disability benefits–the type of benefits that injured employees may receive if they have a light duty work capacity or if they are working a job that pays less than what they earned at the job in which they were injured. No such cap exists on temporary total disability benefits–the type of benefits injured employees receive if their injury renders them completely unable to work any job for which they are suited. Temporary total benefits may be suspended if a carrier schedules an employee for a medical examination and the employee fails to attend it. Such benefits may also be terminated through an RSA 281-A:48 petition filed by the carrier with the Department of Labor. When a carrier files such a petition, the Department of Labor holds a hearing attended by the employee and a carrier representative, usually an attorney. The carrier bears the burden to prove at the hearing that the employee has work capacity and that benefits should be discontinued. Benefits stop immediately if the Department finds that the carrier has met this burden.

Due to the risk of benefits being terminated, it makes sense under appropriate circumstances for employees to explore lump sum settling their claims. Disability benefits stop when the Department approves a lump sum settlement, but the employee can walk away with a sum of money to help to compensate for their injury and allow them to move on with life.

We can assist in negotiating a lump sum settlement and assessing your workers’ compensation rights. Benjamin King at Douglas, Leonard & Garvey, P.C. is experienced in representing employees in workers’ compensation matters. Call us at 1-800-240-1988 or fill out our online Contact form. ]]> http://www.nhlawoffice.com/blog/workers-compensation-disability-benefits-paid-forever/feed/ 0 http://www.nhlawoffice.com/blog/can-an-employer-use-facebook-to-hire-or-fire/?utm_source=rss&utm_medium=rss&utm_campaign=can-an-employer-use-facebook-to-hire-or-fire http://www.nhlawoffice.com/blog/can-an-employer-use-facebook-to-hire-or-fire/#comments Mon, 02 Apr 2012 18:38:34 +0000 Administrator http://www.nhlawoffice.com/?p=2282 Has your employer or a prospective employer asked for your Facebook password? Insurance companies and defense lawyers mine social media sites such as Facebook to find information and now employers are using these sites in making hiring and firing decisions.

Two recent events may change an employer’s ability to ask for your password to access your Facebook account. First, because Congress is alarmed over stories of employees being fired for Facebook postings, it is considering a new law to limit an employer’s ability to request your password. (READ MORE). Now, in response to recent news stories, Facebook is changing its policy to protect passwords for snooping employers. The new policy makes it a violation of Facebook’s terms of service to share or ask for passwords. (READ MORE)

These efforts are an attempt to prevent employers from accessing and then misusing such information because an employer can learn information about an employee or prospective employee (age, pregnancy or other information) that they can use (improperly) in making employment decisions. However, please keep in mind any personal information you post may be difficult to keep private.

Please contact Douglas, Leonard & Garvey P.C. for any employment law issue you may have. You can reach us at 1-800-240-1988 or complete our online Contact Form.

In a recent case before the N.H. Department of Labor, an employee had $4,763 deducted from his final two paychecks for prepaid bonuses that the company claimed he was not eligible to receive. Because there was no written agreement regarding the withholding of those wages, the DOL determined that the deductions from the employee’s pay was illegal.

If your employer is not properly paying you or if your wages are being tampered with, please call us to see if you have a case because we represent employees, not employers. Call 1-800-240-1988 or fill out our Contact Form online. ]]> http://www.nhlawoffice.com/blog/what-can-your-employer-deduct-from-your-pay/feed/ 0 http://www.nhlawoffice.com/blog/employment-discrimination-complaints-at-all-time-high/?utm_source=rss&utm_medium=rss&utm_campaign=employment-discrimination-complaints-at-all-time-high http://www.nhlawoffice.com/blog/employment-discrimination-complaints-at-all-time-high/#comments Tue, 07 Feb 2012 20:39:37 +0000 Administrator http://www.nhlawoffice.com/?p=2253 Employment discrimination complaints against private sector employers reached an all-time high in the most recent fiscal year, federal regulators said this week.

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency that handles these claims before they go to Court, said it received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation in fiscal year 2011. The commission said it resolved more charges than it took in with 112,499 resolutions (7,500 more resolutions than FY 2010—an increase of 7 percent)—leaving 78,136 pending charges, a 10 percent decrease in its inventory, the first year the agency has seen a reduction since 2002. A similar increase in these types of claims has also been seen by the New Hampshire Commission for Human Rights, the New Hampshire Agency that handles most discrimination claims in New Hampshire before they go to Court, although actual numbers are not yet available.

The EEOC records show that:

- In both the private and federal sectors, 5.4 million individuals benefited from changes in employment policies or practices in their workplace during the past fiscal year.

- The EEOC obtained a record $455.6 million in relief for private sector, state, and local employees and applicants, a more than $51 million increase from the past fiscal year and continuing the upward trend of the past three fiscal years.

- The mediation program reached record levels, both in the number of resolutions – 9,831 – which is 5 percent more than in FY 2010 (9,362), and benefits — $170,053,021– $28 million more than FY 2010.

- The EEOC filed 300 lawsuits and its litigation efforts resulted in $91 million of relief, representing the third year in a row that the relief obtained was greater than in the preceding year. Twenty-three of the lawsuits filed involved systemic allegations involving large numbers of people and an additional 67 had multiple victims (less than 20).

The total number of charges received was up slightly from last fiscal year’s record total. Once again, charges alleging retaliation under all the statutes the EEOC enforces were the most numerous at 37,334 charges received, or 37.4 percent of all charges, closely followed by charges involving claims of race discrimination at 35,395 charges or 35.4 percent. While the numbers of charges with race and sex discrimination allegations declined from the previous year, charges with the two other most frequently-cited allegations increased:

- Disability discrimination–25,742

- Age discrimination—23,465

The agency’s enforcement of Americans with Disabilities Act (ADA) produced the highest increase in monetary relief among all of the statutes: the administrative relief obtained for disability discrimination charges increased by almost 35.9 percent to $103.4 million compared to $76.1 million in the previous fiscal year. Back impairments were the most frequently cited impairment under the ADA, followed by other orthopedic impairments, depression, anxiety disorder and diabetes.

If you think you have been discriminated against, please call our office at 1-800-240-1988 or fill out on online Contact Form. ]]> http://www.nhlawoffice.com/blog/employment-discrimination-complaints-at-all-time-high/feed/ 0 http://www.nhlawoffice.com/blog/employee-handbook-changes-for-fringe-benefits-must-be-signed/?utm_source=rss&utm_medium=rss&utm_campaign=employee-handbook-changes-for-fringe-benefits-must-be-signed http://www.nhlawoffice.com/blog/employee-handbook-changes-for-fringe-benefits-must-be-signed/#comments Thu, 08 Dec 2011 17:53:25 +0000 Administrator http://www.nhlawoffice.com/?p=2243 The New Hampshire Department of Labor recently decided a wage claim against an employer who had handed out to its employees a paragraph that was to be inserted into the employee handbook. The paragraph said that if an employee became employed by a competitor they would forfeit all vacation, sick and personal time accrued. The employee in question denied ever receiving the addendum to the handbook but both sides agreed he had never signed anything acknowledging receipt of that change. When the employee was denied over $3,000 in vacation and sick time he appealed to the Department of Labor and it ruled in his favor.

Under New Hampshire law, the employer must obtain a signed notification from an employee reflecting a change of its practices or policies affecting paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of employee expenses, pensions or other fringe benefit for it to be effective. That does not mean the employee can negate the employer’s changes but the employee must acknowledge receipt of the change.

Mr. Glik observed and recorded Boston police officers arresting a citizen on Boston Common. Believing that the police were using excessive force, Glik advised the police that he was capturing their actions on video. The police arrested Mr. Glik and charged him with violating the Massachusetts wiretap statute. His criminal charges were ultimately dismissed and Mr. Glik then sued the officers involved and the City of Boston for violating his civil rights. The police and the city asked the court to dismiss the civil rights claim, but the court denied their request.

The court held that the protections of the First Amendment are not limited to the mere act of speaking or publishing words that the government may not like. “It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, the First Amendment goes beyond protection for the press and the self-expression of individuals to prohibit the government from limiting the stock of information from which members of the public may draw.”

The Court continued, writing that “the filing of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. Gathering information about public officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of governmental affairs. The court concluded by stating that, “the freedom of individually verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”

Police officers do not have easy jobs. However, the mere fact that performing their day to day activities may require them to endure certain unpleasantries does not change the fact that they perform their public duties in the name of the public, using equipment provided by the public, and to serve a public purpose. Monitoring and even criticizing the use of public authority and funding goes to the very heart of citizen activism that the First Amendment was specifically written to protect. The First Circuit Court of Appeals decided this case correctly and protected the public’s right to know.

Furthermore, many people don’t have much of it. Most people have only $5,000.00 in medpay. Many people only have $1,000.00 of the coverage.

Medpay is coverage available to pay the medical bills you may incur as a result of medical treatment you require for injuries suffered in an automobile accident. It is available to be used by you even if the accident you were in, and the injuries that you suffer as a result of it, were the fault of the other driver.

Injury victims should use their medical payments coverage to pay their medical bills for injuries caused by another driver’s negligence because use of this coverage can help the injured person keep more of the money that he or she may ultimately recover from a personal injury claim arising from the accident. If you suffer injuries in an automobile accident that another person causes, and you submit your medical bills to your health insurance carrier, your health insurance carrier will have a lien over any recovery you obtain from a personal injury claim against the person at fault. This means that your health insurance carrier will be able to recover–from any settlement or judgment you obtain from the person at fault–the monies that it paid for your medical bills, or at least a portion of those monies. Your motor vehicle insurance carrier, by contrast, has no lien relative to the medical bills it pays under your medical payments coverage. So, if you use your medical payments coverage rather than your health insurance to pay medical bills related to treatment for your accident injuries, you will be able to keep for yourself a larger portion of any settlement or judgment that you obtain from your personal injury claim.

For these reasons, you should also carry as much medical payments coverage as you can afford. Five thousand dollars doesn’t go far if another’s negligence causes you to need treatment in an emergency room. In order to make sure that you receive all the compensation that you deserve when you suffer injuries because of another person’s negligence, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. in order to protect your interests. Call us at 1-800-240-1988 or fill out our online Contact Form. ]]> http://www.nhlawoffice.com/blog/carry-enough-medical-payments-coverage-and-remember-to-use-it/feed/ 0 http://www.nhlawoffice.com/blog/law-entitles-returning-soldiers-to-reinstatement/?utm_source=rss&utm_medium=rss&utm_campaign=law-entitles-returning-soldiers-to-reinstatement http://www.nhlawoffice.com/blog/law-entitles-returning-soldiers-to-reinstatement/#comments Thu, 03 Nov 2011 18:36:50 +0000 Administrator http://www.nhlawoffice.com/?p=2191 President Obama recently announced that the United States would pull its troops out of Iraq by the end of the year. This announcement likely means that many soldiers will be returning to civilian status and seeking jobs–in many cases the jobs they held before they were deployed.

Returning soldiers and their employers need to be aware that returning soldiers hold special rights to reinstatement under a Federal law called the Uniformed Services Employment and Reemployment Rights Act (USERRA). Under USERRA, the employer of a returning soldier must reemploy the soldier if the soldier meets certain conditions. First, the soldier must have provided the employer advance notice of his service. Second, the soldier’s absence from employment must not have exceeded five (5) years. Third, the soldier must report the intent to obtain reemployment within 90 days of the completion of the soldier’s period of service.

Employers that violate USERRA face steep penalties. The employer must pay all lost wages the returning soldier incurs as a result of the employer’s breach of its duty to reemploy the soldier, plus an additional amount equivalent to the soldier’s monetary losses as “liquidated damages” for a willful violation of the law or a reckless disregard of it. The employer must also pay the soldier’s reasonable attorney’s fees.

If you have returned from service and have been denied reemployment by your employer at the time of your deployment, you should contact an experienced employment discrimination attorney such as the attorneys at Douglas, Leonard & Garvey, P.C. to make sure your rights are protected. Call our office at 1-800-240-1988 or complete our online contact form.

Mr. Jordan was suspended without pay or benefits for a year following a parking lot altercation started by another Corrections Department employee on March 10, 2010. Corrections Commissioner William Wrenn also referred the case to the State Police for criminal charges against Mr. Jordan. Evidence that demonstrated that the other employee was the aggressor was available to but ignored by Commissioner Wrenn. The aggressive employee, who had a history of angrily confronting his co-workers, was not placed on suspension or charged with any crime.

Why was Mr. Jordan singled out and placed on a year-long suspension without pay if he was not the aggressor in the parking lot incident? Mr. Jordan happens to be the president of the New England Police Benevolent Association chapter that represents New Hampshire correctional officers. He had been a vocal advocate for the safety of his fellow officers in late 2009 and early 2010, going on the record to challenge what his union saw as dangerous choices to layoff 56 correctional workers (leading to unsafe levels of understaffing), and Commissioner Wrenn’s support for SB500, a bill which proposed the early release of violent offenders and provided weaker sentences for parole violators. Mr. Jordan also began an investigation of allegations of corruption at the Men’s Prison in Concord related to excessive force charges against a fellow correctional officer, which he also made public.

Following the voicing of his opinions in early 2010, Mr. Jordan’s previously strong personal relationship with Commissioner Wrenn broke down, and when the parking lot altercation occurred on March 10, 2010, Wrenn seized the opportunity to attempt to silence and discredit Mr. Jordan by placing him on suspension and under a criminal investigation (which led to a simple assault charge) for a full year. Mr. Jordan was acquitted of the criminal charges against him on February 28, 2011, and finally returned to his job in June of 2011. The State did provide him with back-pay for the year of work he missed, and retroactively reinstated his health insurance.

However, the State refused to acknowledge the damage done to Mr. Jordan while he was out of work without pay. Mr. Jordan fell behind on his bills and his family had to make sparing use of medical care despite a serious health condition that Mr. Jordan suffers from (which came to light after he was assaulted by an inmate in 2009). Mr. Jordan’s wife Pam described the year without pay and benefits, with bogus criminal charges hanging over Mr. Jordan’s head, as being a “year of hell,” with fear and desperation predominating over their family during that time.

The case was tried before Superior Court Judge Richard McNamara from October 18 through October 28, 2010, resulting a verdict for Mr. Jordan in the amount of $150,000.00. The case was tried under RSA 98-E, a statute which guarantees the free speech and criticism rights of State employees like Mr. Jordan. It is believed to be the first jury verdict under RSA 98-E. The statute provides for an award of attorneys’ fees to the prevailing party as well as damages. The case received press coverage in both the Union Leader and Concord Monitor.

We have commented before about Facebook and the concern that certain employees may be posting comments about co-workers or their boss in violation of employer policies. Of course, if the employee is unaware of a policy against cell phone usage during work, or Facebook postings, then they cannot be disciplined for violating an unknown and undistributed policy.

On the other hand, if you have been warned and specifically shown a policy at work, then termination or discipline is possible depending on whether the policy calls for termination or merely discipline. Some employers use a Facebook comment as a pretext for firing workers who otherwise had complained about bad management practices. Each case will turn on its facts, so just be aware that the comments you make on your cell phone or computer are potentially going to be used against you by your employer. Employers should also be aware that undistributed policies or seat of the pants decisions do not count as a proper basis for termination or discipline. Employees cannot be expected to be mind readers. ]]> http://www.nhlawoffice.com/blog/be-careful-about-social-media-your-employer/feed/ 0 http://www.nhlawoffice.com/blog/working-for-tips/?utm_source=rss&utm_medium=rss&utm_campaign=working-for-tips http://www.nhlawoffice.com/blog/working-for-tips/#comments Wed, 31 Aug 2011 14:40:52 +0000 Administrator http://www.nhlawoffice.com/?p=2159 A waitress waited on tables during the week but when she asked to pick up extra shifts on the weekend she agreed to work only for tips until business picked up. After she worked for several hours over weekends she filed a wage claim for unpaid compensation. The New Hampshire Department of Labor hearing officer held that despite the oral agreement that she was only working for tips, the employer was not relieved of its obligation to pay an hourly wage. The waitress was awarded almost $4,000 for the weekends she worked over the year.

Because the employer had not kept accurate employee records it was not able to reduce the amount she claimed she was owed. Employees should get whatever their compensation understandings are in writing. Otherwise, you can end up hoping that you win a Department of Labor hearing. Of course, the employer has the duty to reduce the deal to writing and keep accurate records, though many small employers don’t do that. ]]> http://www.nhlawoffice.com/blog/working-for-tips/feed/ 0 http://www.nhlawoffice.com/blog/returning-to-work-at-the-end-of-the-day/?utm_source=rss&utm_medium=rss&utm_campaign=returning-to-work-at-the-end-of-the-day http://www.nhlawoffice.com/blog/returning-to-work-at-the-end-of-the-day/#comments Wed, 17 Aug 2011 16:41:04 +0000 Administrator http://www.nhlawoffice.com/?p=2155 Department of Labor. The employee’s records indicated he was owed approximately a half hour’s pay for each day involved but because the employer could not produce better records, the estimate by the employee was adopted as the proper measure of unpaid wages. Once again, oral side deals can get an employer into trouble. ]]> http://www.nhlawoffice.com/blog/returning-to-work-at-the-end-of-the-day/feed/ 0 http://www.nhlawoffice.com/blog/%e2%80%9cmedical-malpractice-reform%e2%80%9d-harms-the-victim/?utm_source=rss&utm_medium=rss&utm_campaign=%25e2%2580%259cmedical-malpractice-reform%25e2%2580%259d-harms-the-victim http://www.nhlawoffice.com/blog/%e2%80%9cmedical-malpractice-reform%e2%80%9d-harms-the-victim/#comments Mon, 25 Jul 2011 20:47:33 +0000 Administrator http://www.nhlawoffice.com/?p=2148 Several states have recently enacted “medical malpractice reform” which places arbitrary caps on damages awards. Those in favor of such caps argue that doctors will no longer have to worry about “frivolous lawsuits” and “higher malpractice insurance premiums.” This is wrong because arbitrary damages caps will not accomplish either of those goals. Instead, these proposals harm victims who are left with life-changing injuries and shield negligent medical providers for the injuries they cause.

Arbitrary damages caps are easy to believe in when you or a family member have never been a victim, or worked with victims, of medical negligence. The reality is that damage recovery in medical malpractice cases hardly compensates victims for their injuries or even death. Placing limits on these victim’s ability to obtain a “full” recovery (as impossible as that is) lets off the hook the negligent medical providers.
The idea of “reform” begs the question: why focus on limiting the recovery of a victim. The real problem is the huge number of medical negligence victims in the United States each year. True “reform” should address ways to reduce or eliminate medical malpractice victims. These medical mistakes injure and kill thousands of Americans every year. Some shocking statistics reveal the following:

In 1998, the Harvard Medical Practice Study published in the New England Journal of Medicine estimated that 98,000 people die as a result of malpractice committed in hospitals each year.

In 2000, the Institute of Medicine published an article entitled, “To Err is Human: Building a Safer Health System,” which stated that in any given year, more people die as a result of medical errors than from motor vehicle accidents (43,458) or breast cancer (42,297) or AIDS (16,516).

In 2003, the Congressional Budget Office found that there were 181,000 severe injuries attributable to medical negligence.
In 2004, HealthGrades, the nation’s leading health care rating organization, found that “The United States loses more American lives to patient safety incidents every six months than it did in the entire Vietnam War. This also equates to three fully loaded jumbo jets crashing every other day for the last five years.”

In November 2010, the U.S. Department of Health and Human Services reported, “An estimated 1.5 percent of Medicare beneficiaries experienced an event that contributed to their death, which projects to 15,000 patients in a single month.”

In January of 2011, the obstetrics department of the Cornell Weill/Columbia Presbyterian Obstetrics and Gynecology Department in New York City published a study that showed that they had reduced their malpractice premiums, and more importantly, their malpractice claims by an astounding 99 percent by simply re-examining and redoing their policies and procedures. There was no cap placed on their creativity.
(taken from http://blog.syracuse.com/opinion/2011/06/medical_profession_at_fault_fo.html)
As the Cornell Weill study demonstrates, reducing malpractice claims and insurance premiums is done most effectively by the medical industry itself. As with attorneys, it only takes a few bad doctors/hospitals/medical boards who allow repeat incidents to drive up insurance costs for everyone else. If lower malpractice claims and insurance premiums are the goal, then stricter self-policing and better medical practices by medical professionals and medical boards is the best way of making sure that costly accidents are reduced or eliminated.

Doctors who cause life-altering injuries or death must be held accountable not off the hook and shielded from their wrongdoing.
“Medical malpractice reform” such as damage caps are not the answer. Medical and insurance costs are more likely to be effectively controlled through reforms and reducing medical mistakes rather than through placing artificial caps on the recovery of the people who did nothing wrong. New Hampshire victims of medical mistakes are at risk now because the issue to impose caps on damages may be brought up in the New Hampshire legislature. The insurance companies and doctors have powerful lobbies at the State House and may try to place caps on a victim’s ability to recover in New Hampshire.

If you or a family member has been harmed by a medical mistake or negligence, please give us a call at 800-240-1988 or fill out on online contact form. We have experienced attorneys who may be able to help you and your family.

Your doctor must complete the Workers’ Compensation Medical Form in order for you to receive the benefits that you should. You will not receive any workers’ compensation benefits without a form from your doctor certifying that the doctor believes you have suffered a work injury. You will not receive disability benefits without forms from your doctor stating the time periods during which your injury disabled you from work.

Even in cases where it is clear that an employee has suffered a disabling work-related injury, the doctor sometimes forgets to complete the New Hampshire Workers’ Compensation Medical Form. This omission can disqualify injured employees from receiving the benefits they should. If you are an injured employee, make sure your doctor completes the form so your entitlement to benefits is not jeopardized. If you have a work-related injury, give us a call at 1-800-240-1988 or fill out on online contact form to see if we can be of assistance. ]]> http://www.nhlawoffice.com/blog/workers%e2%80%99-compensation-%e2%80%93-you-need-a-medical-form/feed/ 0 http://www.nhlawoffice.com/blog/guess-who-is-looking-at-social-networking-sites-%e2%80%94-employers/?utm_source=rss&utm_medium=rss&utm_campaign=guess-who-is-looking-at-social-networking-sites-%25e2%2580%2594-employers http://www.nhlawoffice.com/blog/guess-who-is-looking-at-social-networking-sites-%e2%80%94-employers/#comments Thu, 07 Jul 2011 10:45:25 +0000 Administrator http://www.nhlawoffice.com/?p=2130 Facebook, Twitter, etc. are fast becoming a popular tool for employers looking for information about future employees. The social networking sites, according to one source, are used by 45% of employers to screen potential job candidates. At least a third of those employers have rejected an applicant because of information they discovered from social networking sites where the future employee talked about drug and alcohol use, nudity, bad mouthed a former employer, bragged about misconduct or made discriminatory remarks.

This is another reminder that postings on the internet are available for many people to see – even those you don’t intend to read it or use the information. All of those folks who are having fun on the internet should realize that it may cost them a future job because for employers it’s fast, free and easy and there is a treasure trove of ridiculous information posted by people. Young people especially enjoy putting their wild and crazy times on the internet for the rest of eternity. Social networking sites, including profiles, will tell an employer most information they might want to do know but are afraid to ask such as, gender, marital status, religion, age, and even a photograph to help show ethnicity, race, etc.

For future employees, beware of what you decide to post on the internet because it may come back in many ways.

It’s important to keep in mind that the medical examiner is NOT your doctor and they were hired to assist the defense in disproving your claim or minimizing the extent of your injuries. Given this fact, you should be prepared by your lawyer ahead of time and know what to expect before your appointment so that you don’t do anything that might hurt your case.

Here are a few suggestions:

Be concise when answering questions. When asked about your pain or symptoms, state them clearly and concisely. Rambling on may result in your saying the wrong thing, or mentioning something that may hurt your case in the long run. Keep it to the point and you will be fine.

Be polite and cooperative. There is no need to be hostile with the medical examiner, even though you know they are not on your side. Be as pleasant as you can and do as he or she asks. For example, if the doctor requests that you bend or twist, do so to the best of your ability but within your limits.

Avoid exaggeration. The medical examiner is looking for people who get carried away when describing their pain. Going overboard may make you appear to be dishonest or exaggerating will only hurt your case.

Know your condition and don’t minimize it. Although it’s good to be concise in your answers, you should also be sure not to leave out anything important when it involves your pain and symptoms. Be specific and accurate in your list of limitations and complaints so that everything important is properly documented.

Understand the details of your claim. The medical examiner may ask you specific questions about your case, like the date of the incident, the details of what happened, or the names of doctors you have consulted with. Know this information ahead of time so that you’re prepared and confident.

Try not to be emotional. Certainly the experience of being injured can be emotional, and dealing with the pain and suffering is upsetting. But try to stay as focused as possible when meeting with the medical examiner. Leaving the emotion out of it can make the visit go much more quickly and smoothly.

Be honest. If a medical attorney has agreed that you are, in fact, a victim, there should be no reason to lie or stretch the truth when visiting with an independent medical examiner. Doing so will only serve to hurt your case so remember to keep it honest.

These are just a few suggestions to help prepare you for this part of your case. An experienced personal injury or workers’ compensation attorney from Douglas, Leonard & Garvey, will sit down with you to discuss your concerns and answer any questions you may have before you go to the appointment. Being prepared and knowing what to expect can make a difference between a winning case or a loss. Call our office at 1-800-240-1988 or fill out our contact form online.

If you or a loved one is involved in a bicycle accident, you may be wondering if you need an attorney. Collisions on a bicycle can be very serious, resulting in severe injuries. If your bicycle accident involved a motor vehicle, your injuries could be life-altering or permanent. Determining the need for a personal injury attorney following a bicycle accident depends on the specific circumstances of the accident. If you have been injured and your bike has been damaged, you may be eligible to receive compensation for medical bills, property damage and pain and suffering.

Some questions that you might consider include:

• Was there negligence or inattention on behalf of another person?

• Was I following the rules of the road?

• Did I take chances that I should not have?

• Was the road or sidewalk in poor condition?

• Did the weather contribute to the accident?

• Does the driver of the car/truck have enough insurance coverage?

• What do I do to protect my rights and get the compensation I deserve?

Assigning blame can be difficult, but if the driver of the car or truck is at fault, you have legal rights and will be entitled to full and fair compensation for your injuries.

The personal injury team at Douglas, Leonard & Garvey have experience in all types of accident cases, including bicycle accidents, and can help you in the event that you need to file a New Hampshire personal injury claim, and they can inform you of all your other legal options. You can contact us by calling our toll free number 800-240-1988 or filling out the information form on our contact form. ]]> http://www.nhlawoffice.com/blog/its-bicycle-season-in-new-hampshire-be-careful/feed/ 0 http://www.nhlawoffice.com/blog/employees-have-the-right-to-on-time-wages-and-commissions-due/?utm_source=rss&utm_medium=rss&utm_campaign=employees-have-the-right-to-on-time-wages-and-commissions-due http://www.nhlawoffice.com/blog/employees-have-the-right-to-on-time-wages-and-commissions-due/#comments Sat, 21 May 2011 16:45:26 +0000 Administrator http://www.nhlawoffice.com/?p=2069 The New Hampshire Department of Labor (“DOL”) has regulations which protect hourly workers and require that employers pay you in a timely way. The regulations require your employer to pay all wages due within 8 days, including Sundays, after the expiration of the workweek on regular paydays designated in advance. Employers may pay workers less frequently, but have to meet specific DOL requirements. In this day and age, many people have been discharged by work. If that happens, under New Hampshire law, your employer must pay all wages owed within 72 hours either by physically giving payment to the employee or by mailing the payment to the employee, at the employee’s choice.

If you quit work, the employer must pay you in full no later than the next regular payday, or within 72 hours if you are not allowed to work after you tell your employer that you quit. Every employer shall pay without condition and within the required time frames all wages or parts thereof that are due. The employer must pay wages based upon recorded hours and in accordance with written or verbal agreements between you and your employer.

Wage and hour laws and regulations can be complicated but exist to protect employees. If your employer makes a mistake or willfully withholds wages based upon commissions or hourly work, you may have the right to bring a wage claim before the Department of Labor. The process is relatively quick, but an experienced employer lawyer can maximize your chances of recovering wages or commissions that are owed to you. If the DOL finds that wages have willfully been withheld, and the employer had the ability to pay those wages/commissions, you may be able to recover double damages. The lawyers at Douglas, Leonard & Garvey regularly practice before the New Hampshire Department of Labor and are available to help you recover the wages/commissions that you deserve. Call our office at 1-800-240-1988 or fill out our contact form online.

CNN has done a report on such low impact claims. Their article reports that insurance companies have a strategy to deny, delay and defend. Their objective is to make it so expensive to recover from an accident that lawyers will refuse to take low impact cases.

It is noteworthy that in the age of “Tort Reform,” none of the money saving strategies of the insurance companies have impacted premiums. It would be reasonable to think that if the insurance companies are not paying out on claims then their insureds would not have to pay as much in premiums, but that is not the case. The insurance companies want you to believe that they pass the savings along to you, while they pocket the extra money.

Interestingly enough, you have probably seen a bunch of new auto insurance ads on cable. These ads promote one of two things, either: a) you will get the cheapest deal – and they fail to mention that you get what you pay for and b) their company will take care of you. They even have testimonials from people about how their company helped them. The average person will fail to notice that most of these testimonials are about car repairs, car rentals, and property damage claims. If you have been injured in an accident, and need to make a bodily injury claim and don’t have a good attorney on your side, GOOD LUCK! If you have been injured in any kind of automobile accident, contact Douglas, Leonard & Garvey for a free initial consultation. We will fight for your rights. Call 1-800-240-2988 or fill out on online contact form. ]]> http://www.nhlawoffice.com/blog/dont-forget-your-fender-bender-fights-for-your-rights/feed/ 0 http://www.nhlawoffice.com/blog/considering-a-divorce/?utm_source=rss&utm_medium=rss&utm_campaign=considering-a-divorce http://www.nhlawoffice.com/blog/considering-a-divorce/#comments Wed, 18 May 2011 18:58:39 +0000 Administrator http://www.nhlawoffice.com/?p=2051 According to the Surgeon General of the United States, going through divorce, especially with children of any age, is one of the most stressful things an adult can experience. Approximately one-half of all marriages now end in divorce, and about 30 to 40 percent of those undergoing divorce report a significant increase in symptoms of depression and anxiety. Sometimes, however, divorce is necessary for a variety of reasons. If you are seeking a divorce, or one is thrust upon you, trying to keep a cool head and avoiding common mistakes can payoff in the long run for you, your children and whomever you may have a relationship with in the future. Some common mistakes include: (1) Taking action that affects your rights before getting legal advice; (2) Making financial and legal decisions while under pressure or upset about the family break-up; (3) Getting advice on your divorce from family and friends; and (4) Using the court process to punish your spouse.

This first thing you need to do during this time of great stress and anxiety is to learn what the sometimes frustrating process is that you are about travel. Before you do anything abrupt, consult with an attorney to find out how the process works, and what expenses you can expect to occur over the next year to 18 months. What you do or don’t do prior to filing for divorce can affect the entire process and beyond. Avoid getting advice from family and friends. They are not in your shoes and every family situation is different. Avoid, avoid, avoid the temptation to sign anything and give it all away to get it over with. You are going to live with that decision for the rest of your life and made under severe stress and anxiety, it is almost always the wrong decision. Try to avoid the temptation to use the court system to vent anger, hurt or get back at your soon to be ex-spouse. The system is not set up to provide healing. It is set up to do what is best for the children and divide marital money, property and debt – nothing more. The best advice for what you are facing is to consult a good attorney, and then decide whether you need a lawyer to help fight for what is best for you and children, or settle the case early so everyone can move on and rebuild.

At Douglas, Leonard & Garvey, we provide sound and cost effective representation in divorce and family law matters. We are available for an initial consultation which you can set up over the phone or by filing out our contact form on our webpage. ]]> http://www.nhlawoffice.com/blog/considering-a-divorce/feed/ 0 http://www.nhlawoffice.com/blog/how-to-get-medical-bills-paid-in-auto-accidents-part-ii/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-get-medical-bills-paid-in-auto-accidents-part-ii http://www.nhlawoffice.com/blog/how-to-get-medical-bills-paid-in-auto-accidents-part-ii/#comments Sat, 07 May 2011 11:58:26 +0000 Administrator http://www.nhlawoffice.com/?p=2043 When you are injured in a car, boat, motorcycle or other accident, the first thing that usually happens is you are taken to an emergency room and if not unconscious or gravely hurt, the hospital will check you in and take your insurance information.  If someone else is at fault, it is important to identify for the hospital staff who else is responsible, and that you have medical payments insurance or “med pay” with your own car insurance company.  This is important so that the bills can be sent to your car insurance carrier before your medical insurance company processes and pays the bills.

Why?  When your attorney settles your case against the person at fault for the accident, under New Hampshire law, you have to pay back your medical insurance carrier the money that it paid the ambulance hospital, doctors, and physical therapy staff that treated you for your injury.  This is called a medical lien.  However, “med pay” will pay those bills up to your “med pay” policy limit if you submit the bills to your own car insurance company first. And the real benefit is that under New Hampshire law, when you settle your case, you can still claim as damages those bills paid by “med pay” and you do not have to pay “med pay” back.  This can make a real difference in the amount of money you can put in your pocket when you settle your case.

If you do not remember to tell the hospital, make sure to tell your lawyer right away that you have “med pay,” and who your car insurance company is so they can make sure the bills get processed correctly and you can get the most money possible out of your settlement.  Bring in the policy for your lawyer to review your “med pay” limits.   At Douglas, Leonard & Garvey we know the ins and outs of personal injury law and will ask you the important questions up front and make sure all of the details are handled for you to get you all the compensation you deserve.  For a free consultation about any personal injury you have suffered at no fault of your own, call the attorneys at Douglas, Leonard & Garvey or fill out our contact form. ]]> http://www.nhlawoffice.com/blog/how-to-get-medical-bills-paid-in-auto-accidents-part-ii/feed/ 0 http://www.nhlawoffice.com/blog/no-time-limit-for-pursuing-permanent-impairment-compensation/?utm_source=rss&utm_medium=rss&utm_campaign=no-time-limit-for-pursuing-permanent-impairment-compensation http://www.nhlawoffice.com/blog/no-time-limit-for-pursuing-permanent-impairment-compensation/#comments Thu, 05 May 2011 11:14:30 +0000 Administrator http://www.nhlawoffice.com/?p=2036 If you have suffered a work-related injury, you may be entitled to permanent impairment compensation under New Hampshire statutory law, and you may pursue your permanent impairment award years after the injury occurred.<p>>

 Most rights that New Hampshire workers’ compensation law confers on injured employees have expiration dates.  This is true of most rights under the law.  If you do not act to preserve your right within a specified time period, you lose the right.<p>

The permanent impairment award is the rare exception.  Three (3) events must transpire for an injured employee to qualify for a permanent impairment award.  First, the injured employee must reach maximum medical improvement with respect to his work-related injury.   Second, the work injury must have caused the injured employee to suffer a permanent loss of use of the function of a body part.  Third, a doctor must evaluate the percentage loss of use according to the methods prescribed by a publication of the American Medical Association called the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition.  Notably, New Hampshire Department of Labor regulations require that the carrier pay the doctor’s bill for evaluating the extent of impairment, if the employee has reached maximum medical improvement and has not previously undergone any medical evaluation for permanency.<p> 

The amount of the permanent impairment award is determined by this mathematical formula:  (Percentage loss of use as determined by the doctor) X (a certain number of weeks of disability benefits, which number depends on the affected body part) X (the injured employee’s compensation rate at the time of injury, which rate is equivalent to 60% of the employee’s average weekly wage).<p>

The Department of Labor must approve any permanent impairment award.  If the workers’ compensation carrier disputes the extent of the award owing, or disputes whether any award is owing at all, the employee may request a hearing before the Department of Labor to resolve the dispute.  The carrier will be represented by an attorney through this process, so the employee should be represented as well.<p> 

Unsurprisingly, carriers do not bend over backwards to inform injured employees of their potential rights to permanent impairment compensation.  But, unlike most other rights under the law, there is no expiration date on the right to this compensation.  If you have suffered a work injury that may have had some permanent impact on you, and you have not received a permanent impairment award, you should consult an experienced workers’ compensation attorney such as Benjamin King, Esquire, at Douglas, Leonard & Garvey, P.C. to discuss pursuing the compensation to which you may be entitled.  Call the office or fill our on-online contact form.

Another great benefit of med pay is that it also covers for the medical bills of passengers in your vehicle at the time of the accident, regardless of fault. If you have passengers in your vehicle at the time of an accident, then you and your passengers all have med-pay coverage up to your limits. So, for example, if you have $10,000.00 in med-pay coverage, you and every one of your passengers have this limit available to them for an accident. Med-pay coverage is also not vehicle-specific, which means that the med-pay coverage “follows you” to provide coverage in any accident involving an automobile. You should always attempt to maximize the use of med-pay coverage that may be available for injuries that result from a car accident.

Med-pay coverage is an example of a benefit that may be available that many people do not know about. At Douglas, Leonard & Garvey, we have experienced accident attorneys who understand the details of insurance policies. If you have recently been injured in a car accident, please give us a call or use our contact form to have us help you with your claim.

The New Jersey Supreme Court recently decided a case with facts similar to these. The Court adopted a 7-part balancing test to determine whether an employee is privileged to take or to use documents belonging to the employer in order to prove her claim. According to the New Jersey court, the factors that courts should consider and evaluate include: 1.) how the employee came into possession of, or obtained access to, the documents; 2.) what the employee did with the documents; 3.) the nature and content of the particular document in order to weigh the strength of the employer’s interest in keeping the document confidential; 4.) whether there is a clearly identified company policy on privacy or confidentiality that the employee’s disclosure has violated; 5.) the circumstances relating to the disclosure of the document, balancing its relevance against considerations about whether its use or disclosure was unduly disruptive to the employer’s ordinary business; 6.) the strength of the employee’s reason for copying the document rather than, for example, simply describing it or identifying its existence to counsel so that it might be requested in discovery; and 7.) consideration of the broad remedial purposes the Legislature has advanced through laws against discrimination, as well as consideration of the effect, if any, that either protecting the document by precluding its use or permitting it to be used will have on the balance of legitimate rights of both employers and employees.

If you find yourself in this situation, facing an adverse employment action and wondering if you should copy and take company documents to prove that the company is discriminating against you, you should confer with an experienced employment lawyer before doing anything. The employment lawyers at Douglas, Leonard & Garvey, P.C. stand ready to assist you. Give us a call or fill in our contact form online.

Carriers will often try to evade this obligation, however, by arbitrarily denying medical bills. If the injured employee does nothing in response to this, the carrier will get away with not paying the bill. Don’t let the carrier get away with this!

If you are an injured employee, and your workers’ compensation carrier denies a bill for treatment that your medical providers believe is reasonable and related to your work injury, you should appeal the denial to the New Hampshire Department of Labor within 18 months of the date the carrier denies the bill.

You should enlist the aid of an experienced workers’ compensation attorney if you find yourself having to appeal the denial of a medical bill. The attorney will not charge you anything to represent you on a medical bill issue before the Department of Labor. How does the attorney get paid? If the attorney prevails for you, and obtains a Department of Labor Order requiring the carrier to pay the disputed bills, the carrier must pay your attorney’s fees. The carrier must also pay the injured employee’s attorney’s fees if the carrier denies a bill, forcing an employee to request a Department of Labor hearing, and then reverses its position and accepts the bill fewer than seven (7) business days before the hearing date. This new provision in the law, which became effective January 1, 2011, is designed to discourage workers’ compensation carriers from “playing games” with an injured employee’s medical bills.

Some carriers try to avoid their obligation to pay medical bills by ignoring them. Instead of issuing denial letters, they simply do nothing. Carriers break the law when they ignore medical bills. New Hampshire law requires carriers to either accept or deny medical bills within 30 days of receiving them. Specifically, within 30 days of receiving a medical bill the carrier must either a.) pay the bill; or b.) deny the payment, with notice to the health care provider, the injured employee, and the Department of Labor. A denial letter must state a valid reason for the denial and must advise the injured employee of the right to petition for a hearing.

If your carrier ignores your medical bills, failing to pay them or properly deny them within 30 days, you or your attorney should notify the Department of Labor so that the Department may take appropriate enforcement action. Call Douglas, Leonard & Garvey or fill out our contact form if you are having problems getting your medical bills paid.

Legally, you are generally just as protected when acting as a witness, as you would be if you were the person making the complaint. An employer cannot legally retaliate against a employee who tells the truth in an investigation or lawsuit. The protection against retaliation can be sometimes be found in statutory laws (that is, the formal legal codes enacted by your state or federal legislatures), or in the common law (the law derived from cases decided by judges). The protective measures found in legislative enactments are often part of the specific statutory scheme that an employee might rely on to make a complaint about unlawful activity. For instance, the sexual harassment laws contain specific anti-retaliation provisions that can be interpreted to apply to both a complaining employee and supporting witnesses.

If not by statute, you are protected by a claim of wrongful termination. That means that if an employer retaliates against you for cooperating with a complainant or investigator in regards to a complaint of unlawful activity, and the retaliation leads to a termination, or creates work conditions so harsh that they effectively force you to quit, you may be in a position to file your own lawsuit.

In the case you are a witness to is being investigated by a government agency, they often have the power to fine or otherwise punish an employer for retaliating against you, even in situations that are less severe than a full-blown wrongful termination or constructive discharge case. If you are retaliated against in any way, or even threatened with retaliation, you should advise the investigator or even contact an attorney.

Why should you consider engaging an attorney if you are protected from retaliation under the law? Despite the protections against retaliation, employers sometimes ignore their obligations. As noted above, the stakes in employment cases can be very high for employers and employees. An employer unscrupulous enough to break the law that led to the underlying complaint may have no hesitation when it comes to retaliating against you for helping the complainant by offering truthful information.

If you believe you are likely to be a witness in a co-worker’s employment lawsuit, and are worried about being retaliated against by your employer if you tell the truth about what happened, you should not hesitate to contact a reputable employment law firm. Because Douglas, Leonard & Garvey focuses its practice on representing employees, we can help protect you if you find yourself in this situation. Call us for a consultation or fill out our contact form.

There is a saying amongst experienced motorcyclists, and especially those who have experience with the motorsport side of riding.  The saying is “dress for the crash, not the ride.”  Essentially, the moral of the saying is that you will crash eventually, whether through your own mistake, or one made by another motorist, like the case in Fremont.  When that day comes, you will want to have the maximum amount of protection that you can get, because you won’t have a seatbelt, airbags, crumple zones or a ring of steel around you to keep you from making high speed personal contact with that tree, guardrail, sign post, or oncoming vehicle.

The most obvious and essential bit of equipment you use to protect yourself is a quality, SNELL-approved helmet.  We recommend the full face variety.  Not only will it offer additional protection for your pretty features, but it will offer protection from bugs and other flying debris.  Most people have had the misfortune of having a car windshield cracked by a stone or something falling off another car.  Imagine that instead of being stopped by a tempered glass windscreen, that stone or debris is stopped by your face.  The initial injury would likely be bad enough, but it could daze you or blind you and put you at risk for a really serious accident.

Beyond a helmet, a good set of riding leathers is essential.  The leather acts like armor to take the punishment of road rash instead of your skin.  Leather also tends to allow you to slide over pavement or gravel, rather than gripping and causing you to tumble like skin or jeans.  Tumbling after hitting the ground is often what leads to broken extremities.  Some leathers have built in padding to absorb the shock of a crash, which are an obvious bonus safety feature.  Good leather outfits can be had in a multitude of styles, from full-out racing style outfits to leather pants and jackets (a la Terminator).  You should be able to find a safe outfit that matches your ride and your riding style. 

Fingers and toes are especially vulnerable in a crash, being some of the smallest bones in your body.  A good set of gloves with armored knuckles and joints is a good investment.  Chances are you can find a set that matches your leather outfit.  Good boots offer similar protection, as well as protection for your ankles and Achilles tendons.  In many crashes involving other vehicles, the feet commonly take a lot of the impact, so good boots are worth the cost.

There are other, more specialized forms of protection available to the serious rider, including armored spine protectors and fully padded/armored outfits.  They offer heightened levels of protection, albeit at the expense of some comfort.  You may only get one chance in a crash, though, so they are worthy of consideration. 

Also, before taking your bike out for its maiden voyage after a long winter nap, have it checked out thoroughly by an experienced mechanic.  Mechanical maladies that would be merely annoying or result in a wait for the tow truck with a car can be downright deadly with a motorcycle.  You need to be twice as sure that everything is in proper working order and ready for the road. 

Finally, if you are unfortunate enough to be injured in a motorcycle accident due to someone else’s negligence, you will need good legal advice and representation in order to obtain a full recovery of the damages you have suffered.  Douglas, Leonard & Garvey has years of experience successfully representing injured motorcycle riders.  Stay safe, dress for the crash, and keep your head on swivel for negligent drivers, but if that is still not enough, we will be glad to help you in the event of a crash.

The first step to avoid becoming an easy victim is to simply be aware of how easy it is for thieves to obtain your information. Having an aware mindset will force you to think twice before entering your credit card or other personal info on a website you’ve never shopped on before, or responding to an e-mail from someone you haven’t previously communicated with. You need to be aware of some the tricks that ID thieves use, such as electronically “eves-dropping” on the signals between the credit card reader on the gas pump or store counter and your bank. The much-publicized case involving Hannaford Stores a few years ago came about through this method of ID theft.

Other tricks include e-mails that pose as popular on-line shopping stores, like Amazon, E-Bay, or even the U.S. Postal Service. These thieves will send out mass e-mails, sometimes even using personal information that can be gleaned from your e-mail address, in order to give them an air of legitimacy. They will claim that there is a problem with a pending or previous transaction, and ask you to enter personal information to confirm your identity so that they can work with you to resolve the problem. If you do so, they take your information and use it for their own nefarious purposes. Or, they use your reply to insert a virus on your computer, which can then be used to obtain even more personal information.

In addition to simply learning about the various schemes out there, a few easy tips can reduce the risks of electronic identity theft. Obviously, if you receive an unexpected e-mail, do not just hit the “reply” button reflexively. You should ask yourself if you actually have conducted business with the sender (or purported sender), and if you are not 100% sure, pick up the phone and call before communicating via e-mail.

If you are going to make an on-line purchase with a credit card, check the web address of the online store’s checkout process. It should have “https” at the beginning of the address. That address indicates a secure transaction, which will encrypt your personal information and keep it less vulnerable to unauthorized access. Also, refrain from the temptation to use debit cards whenever possible – even at point-of-sale locations like stores and gas pumps. Use a credit card instead. Most credit cards contracts have some form of fraud protection which allows you to dispute unauthorized charges. By contrast, a debit card transaction takes money right out of your bank account, and it can be very difficult to get it put back in.

Finally, stay on top of your finances. Carefully review your bank statements and credit card statements at least monthly, and get a regular credit score check done. If you have fallen victim to ID theft despite taking steps to stay safe in the first place, catching the damage before it becomes catastrophic is the next best chance to minimize the harm, even if it is a distant second place.

Douglas, Leonard & Garvey represents consumers in fraud matters and cases invoking the New Hampshire Consumer Protection Act. We have also sued negligent businesses who failed to take appropriate steps to safeguard consumers’ personal information. If you have been the victim of a consumer fraud scheme or identity theft scam, do not hesitate to contact us for assistance.

1.) Assume Drivers Can’t See You: Ride assuming that you and your motorcycle are totally invisible to motorists. That means you must never assume that drivers can see you. The odds are, they can’t so believe it yourself and always have an “out” for dangerous traffic situations. Motorcycle Safety depends on you.

2.) Maintain Safe Spacing: Leave plenty of space in front and back and to the sides from all other vehicles. Be an island. Stay away from traffic as much as possible. This gives you more visibility and more time to react to situations.

3.) Anticipate Trouble: Anticipate trouble situations and know what to do when you see them. Analyze what vehicles are doing and try to predict the outcome. Then make sure you’re ready to avoid a bad traffic situation.

4.) Beware of Oncoming Left Turners: Beware of oncoming motorists turning left in front of you at intersections. This is one of the leading causes of death of motorcycle riders. Slow down before you enter an intersection. Stay visible. Don’t travel too close to cars in front of you. Position your bike so it can be seen by the left hand turner. Eye contact is not enough.

5.) Ride Your Own Ride: Don’t try to keep up with your friends who may be more experienced. Know your personal limits. Ride your own ride

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The attorneys at Douglas, Leonard & Garvey have years of experience with these types of cases and a track record of getting results. Contact us at 800-240-1988 or online for a free consultation.

New Hampshire law prohibits a person from operating a boat under the influence of intoxicants. Boating and excessive drinking is a serious crime and the laws are strictly enforced. The legal limit of the blood alcohol content (BAC) is 0.08% and if arrested for a higher BAC, harsh penalties may be imposed on the operator, based on the severity of the offense as well as the previous number of similar convictions. If convicted of operation or attempted operation of a boat while intoxicated, you may not operate a boat on New Hampshire waters for a period of one year from the date of a conviction. If you get convicted of “drunk boating” while transporting a person under the age of 16, you cannot drive a boat on New Hampshire waters again until you complete a 7-day program at the state operated multiple DWI offender program or an equivalent 7-day residential intervention program. Any conviction for driving a boat while intoxicated becomes part of your DMV record and your license to drive a motor vehicle is suspended or revoked as if you had been driving a car.

You need to remember that Marine Patrol can go onto your boat at any time for a safety check and regularly does so. They don’t need probable cause to believe you have committed a crime. If you do get charged with boating under the influence, it is critically important to find an experienced attorney because there are serious consequences – both your right to operate a boat and operate a motor vehicle are at stake.

Contact us at Douglas, Leonard & Garvey because we have experience with operating boats and defending alcohol-related charges and are available to assist you.

So, this means boating season is right around the corner. Boating on the beautiful lakes and ponds in New Hampshire on a bright summer day with family and friends is about as good as it gets. In order to protect yourself and your loved ones you should: (1) register your boat; (2) obtain your boater education card which you must have to operate a boat with an engine bigger than 25 hp; (3) make sure you always have a good marine map and follow the boating rules; and (4) obtain marine insurance to cover injury to you and others, as well as damage to your boat.

Unfortunately, boating accidents can occur due to the negligence or recklessness of another boater. The leading causes of boating accidents are:

• inattention

• inexperience

• speeding

• alcohol

We hope you have a great boating season but if you have been injured through the fault of someone else’s negligence, you need to contact an experienced personal injury firm like Douglas, Leonard & Garvey, P.C. to set up a free consultation. Please call 1-800-240-1988 or contact us online.

Thompson was not an accidental victim of the retaliation but, in effect, was collateral damage to the employer’s unlawful act. By terminating him they were retaliating against the female who had filed the charge and that was an unlawful act of punishment against her, although it was indirect. Mr. Thompson was in the “zone of interest” to be protected by Title VII and thus has standing to sue.

When does an office romance qualify as a close relationship? What if the couple had only been dating for a week or two? These are the issues left for future cases and future employers. It is a warning to employers to consider whether the person they are firing has a relationship to the complaining party such that it would be considered retaliation.

Douglas, Leonard & Garvey represents employees in discrimination and retaliation cases but we know that each case turns on its own unique and individual facts.

The trial judge sided with the employer because of a policy that prohibited the use of company e-mail for personal matters and giving the employer the right to inspect “all files and messages at any time.” A court in California upheld a verdict for the company concluding that the female employee’s e-mails were not protected by attorney/client privilege because she had used a system that was open to inspection and monitoring by third parties as opposed to having sent an e-mail from her home to her lawyer.

On the other hand, the New Jersey Supreme Court has held that an employer cannot read an employee’s e-mails to her lawyer. Thus, this area of the law will depend on the judge and location of the court deciding the question. So, employees need to think twice before they use an employer’s computer to contact their lawyer—it may or may not be discoverable.

The court ruled that the wife had standing to sue the attorney for his conduct on behalf of the husband in essentially defrauding the wife and the court.  There has long been a crime and fraud exception to the attorney/client privilege and this case is an example of it.

If you feel you have been defrauded in a divorce case, contact an attorney who can handle that particular type of litigation.  Douglas, Leonard & Garvey has been involved in several divorce cases where the issue of nondisclosure or inadequate disclosure of assets has been involved.