Archives for 2014

Bullying in the Workplace

bullyfree_fcc_Eddie~sThe issue of bullying is currently a hot topic in the United States, and it’s not just schoolchildren who are the targets, or offenders. More and more advocacy and law enforcement agencies around the country are receiving inquiries from folks wondering if bullying and/or harassment is a legal cause of action.

According to a recent article in The Employment Discrimination Report, in a recent New York federal court case, the pro se plaintiff, a college lecturer, attempted to bring an action “regarding the bullying and harassment by (his department’s) current Chair.” He told the Court “that he was not alleging that his Chair’s hostility was motivated by his race, sex, age, or national origin.” The federal court held that:

 

“Bullying and harassment have no place in the workplace, but unless they are motivated by the victim’s membership in a protected class, they do not provide the basis for an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2 (“Title VII”), and any complaint to the Equal Employment Opportunity Commission (“EEOC”) based on them does not constitute “protected activity” under Title VII.”

The Court went on to say:

“Victims of non-discriminatory bullying at the workplace, like those treated unfairly for reasons other than their membership in a protected class, must look outside Title VII to secure what may be their fair due. The Court does not condone bullying, but it cannot read Title VII to protect its victims unless the bullying reflects discrimination based on race, color, religion, sex, or national origin.”

Read the entire article by Richard Cohen.

On July 28th, 2014, NH’s Governor vetoed an anti-bullying bill, HB 591   Read Governor Hassan’s Press Release regarding the veto.

So what is an employee to do when he/she believes she is being subjected to bullying behavior?  How can an employer protect itself against legal action while maintaining a safe, professional working environment?

The Lawyer Referral Service of the NH Bar Association can help with referrals to competent and insured labor law attorneys who represent employees and/or employers.  Call 603-229-0002 or request a referral online.

Requesting Child Support Orders from the Court

Provided by the Domestic Violence Emergency (DOVE) Project of the NH Bar Association, this is a video presentation to assist pro se litigants (people representing themselves) with requesting child support orders within divorce, parenting rights or domestic violence restraining order cases. The presenters provide a “nuts and bolts” review of the court forms utilized to obtain child support orders.

•Financial Affidavit
•Child Support Guidelines Worksheet
•Uniform Support Order.
The video is a component to the Resource Handbook for Victims of Domestic Abuse, a compilation of resources for library patrons who are navigating the legal system in ongoing family law cases. This program is for informational use only and does not constitute legal advice. To review a copy of this handbook please visit your local library. If you are a victim of domestic abuse you may want to contact a local domestic and sexual violence crisis center at 1-866-644-3574 (24-hour service) for help. If you are in immediate danger you should dial 911 for emergency response.

 


 
Presented by Cathy Shanelaris, Chanelaris and Schirch, PLLC, Nashua, NH & Mary Krueger, NH Legal Assistance, Claremont, NH.

Representing yourself in court can be quite overwhelming. Hiring an attorney to assist you on a limited basis is an option. The Lawyer Referral Service of the NH Bar Association can make referrals to competent and insured attorneys who may provide “unbundled” or “limited scope representation” for child support and other family law matters.  Call 603-229-0002 or request a referral online.

 

Probating Your Will Before You Die

A new state law, in effect as of July 1, 2014, allows a will to be probated before the person passes away.  Under this new law, an individual who has written a will that is likely to be contested may obtain approval of the will from the Probate Court in advance.  It proactively prevents disputes among heirs, avoiding costly litigation.

New Hampshire is one of the few states to have this type of law.

Read more about it in an article written by Paul Briand for the Seacoast Online.

If you would like to speak with an attorney about estate planning, the Lawyer Referral Service of the New Hampshire Bar Association can refer you to competent and insured attorneys who handle estate planning matters.  Call 603-229-0002 or request a referral online.

Last Will & Testament Documents