NH Circuit Courts begin operation July 1, 2011

New Hampshire District, Probate, and Family Division Courts merge into one Court system, to be known as the New Hampshire Circuit Court, effective July 1, 2011.

The N.H. Circuit Court will have ten circuits, one for each county. Current District, Probate and Family Division court locations remain the same. Hillsborough County will be the 9th Circuit and have the following Court locations:

Manchester-District and Family Divisions
Merrimack-District and Family Divisions
Milford-District Division
Goffstown-District and Family Divisons
Nashua-District Division (Walnut Street)
Nashua-Probate Division (Spring Street)

For more information on this major restructuring of the New Hampshire court system, go to the New Hampshire Judicial Branch website at http://www.courts.state.nh.us/.

To view the legislation which created the circuit court, go to http://www.gencourt.state.nh.us/legislation/2011/HB0609.html.

Submitted By Andrea Labonte, Esq.
603-629-4542
alabonte@wiggin-nourie.com

Business Resolutions

From the Union Leader to the Boston Globe to the Wall Street Journal, business writers and analysts are predicting a general increase in hiring for 2011. Early economic indicators, including the Dow edging tantalizingly towards 12,000, suggest consumer confidence is returning to a level not seen for several years. This is welcome news after countless reports of layoffs, work force reductions, and hiring freezes.

Is your business ready to add new employees? Talking to business associates has revealed an understandable but dangerous tendency to let hiring procedures, company policies and employee handbooks unattended during this recent negative economic cycle. With many companies experiencing a downturn in earnings, it was hard to justify added expense in reviewing these types of materials. Now, however, with news that the recession is “officially over” and publication of positive predictions, this may be a good time to revisit company procedures and update policies, manuals, and forms. Please feel free to contact me with any questions you may have about the best manner in which to do this; or call Meredith Cook at 629-4511 to discuss updating your employment policies; or, call Mona Movafaghi at 629-4523 to discuss immigration issues. This is an opportune time to revamp employer policies and hiring information, and place your company in a good position to expand your work force as, hopefully, it and the economy grows again.

-Submitted By Christopher Pyles, Esq.
603-629-4725
cpyles@wiggin-nourie.com

Mediation Update

Last month, the Supreme Court of New Hampshire issued a decision titled “Lillie-Putz Trust v. Downeast Energy” in which the Court affirmed two superior court orders, dismissing the Trust’s writ with prejudice and denying a motion for reconsideration, based on the Trust’s refusal to appear for a scheduled mediation. The case provides a good reminder that Courts take the mediation process seriously, and participants should as well. That approach not only complies with Superior Court Rule 170 – it vastly increases the chances for resolution, and probably saves all participants from higher litigation costs and business disruption.

-Submitted By Christopher Pyles, Esq.
603-629-4725
cpyles@wiggin-nourie.com

Bullying in the Workplace

Over the last several months, school bullying has received increasing attention. From the cases of Phoebe Prince and Carl Walker-Hoover in Massachusetts, to the New Hampshire case involving older children bullying a younger child to get a tattoo, the heightened concern over school bullying has led to legislation. Several months ago, Governor Lynch signed a Bill into law that revised the People’s Safety and Violence Prevention Act, to protect children from physical, emotional and psychological violence caused by bullying and cyber-bullying.

New Hampshire, New York, and at least fourteen other states have explored expanding anti-bullying legislation from the school to the workplace. New Hampshire’s proposal was tabled without further action in February 2010, and none of the other states have passed their bills into law. The growing legislative interest in prohibiting workplace conduct that may be insulting, threatening, intimidating, or humiliating is worth tracking. Legislative materials filed in New York suggest that bullying claims are four times more prevalent than sexual harassment claims, so the passage of any workplace bullying law could very likely lead to an increase in claims. While every employer should take reasonable precautions to make sure that employees act professionally, the potential for anti-bullying laws impacting the workplace is a possible expansion in law that bears monitoring.

-By Christopher Pyles, Employment Attorney
603-629-4725
cpyles@wiggin-nourie.com