Ann Rix v. Kinderworks Corporation, 136 N.H. 548

Summary

The former employer argued that the trial court clearly erred in finding that N.H. Rev. Stat. Ann. § 275.56 authorized former employees access to their personnel files. Thus, since the statute did not cover former employees, the former employee was not entitled to attorney's fees because she was not forced to seek judicial assistance of a clearly defined legal right. The court rejected the former employer's argument that the statute did not cover former employees. The court noted that the legislation did not limit the term employees and thus, the court looked to the intent of the legislature in enacting the statute. The court found that the statute was intended to be remedial and thus provide protection to both former and current employees. However, the court agreed that the former employee was not entitled to an award of attorney's fees because the former employer's arguments, although unsuccessful, were not frivolous, as the court had not previously considered the scope of the term ...