Wrongful Termination (11)
Sun, 11/16/2008 - 22:35 — NHCaseLaw.com
DUGGAN, J. The petitioner, Vicky Morton, appeals two decisions of the New Hampshire Personnel Appeals Board (PAB) ruling that: (1) the proper remedy for her layoff did not include reinstatement to her previous position; and (2) that she did not meet the minimum qualifications for the position of Associate Vice President of Academic Affairs. We consolidated the two appeals and affirm.
Sun, 10/12/2008 - 17:55 — NHCaseLaw.com
DUGGAN, J. The respondent, Town of Alton (Town), appeals an order of the Superior Court (Smukler, J.) ruling that RSA 43:7 (2003) applied to the termination hearing of the petitioner, Alton Police Lieutenant Edward Correia, and required the three sitting selectmen to appoint alternates for the two members who had recused themselves. Because we hold that RSA chapter 43 does not apply to the termination of police officers, we reverse and remand.
Tue, 08/19/2008 - 20:30 — DLG
The plaintiff, Carolyn Dickerson, has brought suit against her former employer, the defendant, Roger Phillips, D.M.D., alleging wrongful termination. Before the Court is the defendant's motion to dismiss. For the following reasons, the motion to dismiss is granted in part and denied in part.
Fri, 06/06/2008 - 00:35 — DLG
The plaintiff, Corey Corbin, brought the instant action against defendants, Talarico Pontiac-Cadillac, Inc. ("TPC"), and Stephen Talarico. In the writ, the plaintiff asserts the following four counts against the defendant(s): (1) Discrimination, Harassment, Hostile Environment at TPC and Aiding and Abetting Therein by Mr. Talarico Based on SexualOrientation; (2) Wrongful Discharge; (3) Slander/Libel; and (4) Invasion of Privacy. Thedefendants now move to dismiss Counts III and IV. The court heard argument on the defendants' motion on April 21, 2004. The plaintiff agreed to dismiss the claim for invasion of privacy against Mr. Talarico individually, conceding the claim was barred by the statute of limitations. For the reasons discussed herein, the defendants' Partial Motion to Dismiss is GRANTED in part and DENIED in part.
Fri, 05/16/2008 - 00:24 — NHCaseLaw.com
GALWAY, J. The petitioner, Donald W. Murdock, appeals the decision of the New Hampshire Personnel Appeals Board (PAB) affirming his dismissal from employment by the respondent, the New Hampshire Department of Transportation (DOT), following his receipt of three written warnings for the same offense within a five-year period. N.H. Admin. Rules, Per 1001.08(b)(1) (current version at 1002.08(c)(1)). We affirm in part, reverse in part, and remand.
Fri, 04/25/2008 - 09:51 — DLG
The petitioner, Edward Correia, seeks review of the decision of the respondent board of selection ("board") of the Town of Alton ("town") to terminate him. See RSA 41:48. Specifically, Mr. Correia argues that the board lacked sufficient cause to discharge him and that a number of procedural errors deprived him of procedural due process. The town objects, asserting that the discharge was lawful and the procedures afforded to Mr. Correia were sufficient to satisfy due process requirements. Because Mr. Correia has sustained his burden of showing that the board failed to appoint a substitute member as required by RSA 43:7, the decision is REVERSED and the matter is REMANDED for a new hearing.
Fri, 04/25/2008 - 09:29 — DLG
The plaintiff, Jay A. MacKenzie, brought the instant action alleging wrongful discharge, breach of covenant, equal protection and false imprisonment. On the morning of jury selection, the plaintiff withdrew his equal protection claim. During the trial he informed the Court that the action was also a petition for a writ of certiorari to appeal the defendant's decision to fire. The Court subsequently determined that the plaintiff's breach of covenant claim was legally merged into his wrongful discharge claim. At the close of evidence, the defendants moved for a directed verdict on all counts. The Court granted this motion as to the plaintiff's request for certiorari and held the remaining issues in abeyance. The plaintiff's wrongful discharge and false imprisonment claims were submitted to the jury. The jury returned a verdict in the plaintiff's favor and awarded him $500,000 in damages. Following trial, the defendants submitted a Renewed Motion for Directed Verdict and Motion for Judgment Notwithstanding the Verdict and Alternatively Motion to Set Aside the Jury Verdict (False Imprisonment).
Mon, 02/25/2008 - 18:57 — DLG
The plaintiff brings this action alleging the defendant, Frisbie Memorial Hospital ("Frisbie" or "the hospital"), breached a contract arising from the hospital's bylaws when it informed the plaintiff that he should no longer provide coverage for emergency department physicians. Specifically, the plaintiff contends the bylaws, which govern the exercise of medical staff privileges, create contractual rights to "employment opportunity" which the hospital violated by refusing to allow him to work on a part-time basis following his resignation as a full-time employee. In addition, the plaintiff asserts that the hospital breached the covenant of good faith and fair dealing contained in the aforementioned contract. The defendant moves for summary judgment on these claims. The plaintiff objects.
Mon, 02/25/2008 - 18:36 — DLG
The instant action arises out of defendants' refusal to provide coverage under two general liability insurance policies for costs incurred by the plaintiff, Mill Steel Supply Corp. ("Mill Steel"), in the settlement of counterclaims in an underlying suit. In January of 1998, Mill Steel terminated several employees and filed suit against them. Subsequent to the termination but prior to bringing the underlying suit, Mill Steel wrote a letter in which it allegedly defamed its former employees. The various defendants in the underlying action filed countersuits alleging wrongful termination, interference with advantageous business and employment relations, breach of contract, defamation by libel, and malicious prosecution. One defendant sought compensation under a theory of quantum meruit. Travelers did not provide Mill Steel a defense to the counterclaims, nor did it reimburse Mill Steel's costs in defending against the counterclaims. Defendant Acadia Insurance Company also denied coverage. As a result, Mill Steel filed the instant action.
Mon, 02/25/2008 - 15:15 — DLG
The petitioners, fifteen court stenographers currently employed with the New Hampshire Superior Court (“the superior court”), collectively bring this Petition for Declaratory Judgment requesting the court determine that respondents, the Administrative Office of the Courts (“the AOC”) and the New Hampshire Supreme Court (“the supreme court”), are equitably estopped from terminating petitioners as employees of the State of New Hampshire except for just cause based on poor individual job performance or misconduct. The respondents object and move to dismiss the petitioners’ petition, asserting, inter alia: (1) the petitioners have an adequate remedy at law and are therefore precluded from bringing this action in equity; and (2) the petition must be dismissed for failure to state a claim upon which relief may be granted. The court conducted a hearing on May 21, 2004. For the following reasons, the respondents’ motion to dismiss is GRANTED.