Caswell v. BCI Geonetics, Inc.

The question in this case is whether an officer of a corporation is an “employee” within the context of a back pay claim under RSA ch. 275. We hold that he is.

The plaintiff was a vice president and officer of the defendant corporation. In this capacity, he could commit funds, hire and fire, and enter into contracts. He had no ownership interest in the corporation. When he left the defendant’s employ, he filed a complaint in the United States District Court for the District of New Hampshire seeking unpaid wages and expenses under RSA 275:53 I. The defendant moved for partial summary judgment…