New Hampshire

Demasse v. ITT Corp. in New Hampshire Law

How Demasse v. ITT Corp. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Contracts (Employment Law).

State Approach

New Hampshire law adheres to the principle established in Demasse v. ITT Corp. concerning the enforceability of implied contracts in employment. The state acknowledges that when an employer's policies and practices suggest a promise of continued employment, these can create enforceable rights for employees.

State Rule
In New Hampshire, an implied contract for continued employment can arise from employee handbooks or policies that indicate job security unless explicitly stated otherwise, requiring a clear agreement for at-will employment to override such implications.
Significant State Cases

Cudmore v. Sylvania Lighting Services Corp.

The court found that implied employment contracts exist when company policies suggest that employees can only be terminated for just cause.

Wright v. Pizza Hut of America, Inc.

The court ruled that a series of employer communications and practices can lead to the inference of a contract, against the background of New Hampshire employment law.

Murray v. New Hampshire Department of Corrections

The court held that terms in an employee handbook could form the basis for an implied contract regarding job security.

Comparison to Federal Law

New Hampshire's approach aligns with the federal standard that recognizes implied contracts but may focus more heavily on the specific context of employee handbooks. In contrast, federal standards can be more inclusive of various documented policies and less sensitive to the language used in these documents.

Bar Exam Note

Demasse v. ITT Corp. principles may appear on the New Hampshire bar exam as they engage with contract formation and enforcement in employment contexts.

Practice Pointers
  • Always review employee handbooks for language suggesting employment security.
  • Seek to clarify the terms of employment in writing to prevent disputes regarding implied contracts.
  • Consider the implications of workplace culture on the creation of implied contracts.

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