Legal Question in Employment Law in New Hampshire

Harassment by Former Employee

Hi - Thanks for writing in with your legal question. If I understand your question correctly, a former employee (and members of his/her family) is writing disparaging letters about you and circulating copies of those letters among your current employees. My first question to you would be, was this former employee terminated for cause (i.e., insubordination, deficient performance, absenteeism), or was this former employee laid off for economic reasons, or did this former employee quit or resign their position with the company? I'd also be interested to hear more about the content of these disparaging letters, the nature of the attacks against you (personal or professional or both).

Notwithstanding the above, there is no "magic number" where harassment (or libel, defamation, etc.) is concerned. A single instance can give rise to a civil claim by you against this former employee. As for pursuing a criminal harassment claim, I think that's a gray area for you at best. What this former employee is doing is inappropriate, and wrong, and you may well be able to take this person to court and recover compensation ($) from him or her, but as for it being a crime - I'm not so sure.

My name is Len Foy and I'm a lawyer with Gould & Gould in Londonderry NH. I have employment law experience and would be happy to discuss this matter with you further. Our office telephone number is (603) 434-3437, or you are welcome to send me an email at [email protected].

I wish you the best of luck dealing with this one, and again, if you'd like to sit down and discuss this matter with me, feel free to give our office a call.

Regards -

Len Foy