UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF NEW HAMPSHIRE 

Mary Picard ) 

Plaintiff ) Civil Action No. 

) 1:08-cv-00279 

v. ) 

) 

High Liner Foods (USA) Inc. ) 

) 

Defendant ) 

Plaintiff, Mary Picard=s, Amended Complaint

NOW COMES the plaintiff, Mary Picard, of 354 Lincoln Avenue, Portsmouth, New 

Hampshire, and complains against High Liner Foods (USA) Incorporated, of 1 Highliner 

Avenue, Portsmouth, New Hampshire, as follows: 

PARTIES

1. Mary Picard (AMs. Picard@) is an individual who resides at 354 Lincoln Avenue, 

Portsmouth, New Hampshire. 

2. High Liner Foods (USA) Incorporated (AHigh Liner-USA@) is a corporation which does 

business at 1 Highliner Avenue, Portsmouth, New Hampshire. 

3. High Liner-USA is believed to be owned and controlled by High Liner Foods 

Incorporated (AHigh Liner-Canada@) of 100 Battery Point, Lunenburg, Nova Scotia, Canada. 

BACKGROUND FACTS

4. Ms. Picard was employed by High Liner-USA as of October 11, 2004. 

5. Ms. Picard=s initial employment was as AHuman Resource Partner for Operations.@

6. In November, 2004, Ms. Picard was asked by High Liner-USA to join its U.S. Operations 

team and was part of that senior leadership team throughout her employment. 

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7. Ms. Picard was one of the two most senior women employed as a salaried, professional 

employee by High Liner-USA. 

8. Ms. Picard received a base salary, bonus, and other benefits as part of her wages and 

employment with High Liner-USA. 

9. Ms. Picard received merit increases from High Liner-USA on March 28, 2005, March 26, 

2006, and March 25, 2007, together with a promotion to grade 14 on January 1, 2008. 

10. As of January 1, 2008, Ms. Picard=s annual base salary was $98,093.00. 

11. Prior to March 31, 2008, Ms. Picard=s employment performance and record with High 

Liner-USA was excellent, with no performance issues or concerns ever expressed to Ms. Picard. 

12. Prior to March 31, 2008, High Liner-USA established an employment practice or policy 

concerning the payment of severance wages, advance notice of termination of employment, and 

other benefits for male, salaried, professional employees who were similarly situated to Ms. 

Picard. 

13. By letter dated March 31, 2008, High Liner-Canada (acting through Joanne Brown B V.P. 

of Human Resources) notified Ms. Picard that (in part): 

(a) her employment is terminated Afrom High Liner Foods (USA) as a result of the 

restructuring of our U.S. operations@; 

(b) Ayour termination is effective immediately@; 

(c) AWe will pay to you all wages due to you through the end of the current pay 

period, April 11, 2008, within the time period required by law@; 

(d) AWe will provide you with Separation Payments, equivalent to your regular salary 

plus an amount equal to the prorated three year average of your bonus of 

$2,044.67 per week, less withholdings, for a period of 12 weeks from the 

Termination Date, March 31, 2008"; 

(e) that other benefits would be due to her, with (c), (d), and (e) conditioned on 

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signing the letter as an agreement. 

14. By letter dated April 29, 2008, Ms. Picard notified Ms. Brown that (in part): 

(a) High Liner-USA had established a policy of providing severance pay to male 

salaried professional employees whose positions were similar to that of Ms. 

Picard for longer than the twelve (12) week period offered Ms. Picard. 

(b) High Liner-USA=s severance pay policy had resulted in male salaried employees 

(with less tenure and job responsibilities) being paid far more than what was 

offered Ms. Picard. 

(c) High Liner-USA had also established a policy of giving an advance seven (7) 

month notification period prior to payment of the severance benefits. 

(d) She was Arequesting a severance agreement that is consistent with past precedent 

and is fair and equitable in an effort to achieve a reasonable resolution.@

15. Ms. Brown, on behalf of High Liner-USA and High Liner-Canada, responded to Ms. 

Picard=s request to be Afair and equitable@ by letter dated May 5, 2008, that (in part): 

(a) accused Ms. Picard of Awilfully and without authorization@ giving severance 

offers to former employees; 

(b) accused Ms. Picard of participating in an Aunauthorized bonus scheme to certain 

individuals in direct contravention of instructions from corporate management@; 

(c) accused Ms. Picard of accepting Aan unauthorized bonus.@

16. Ms. Picard considered that the accusations being made against her by Ms. Brown (on 

behalf of High Liner-USA and High Liner-Canada) amounted to criminal activity and were 

criminal offenses. 

17. None of the accusations made by Ms. Brown (on behalf of High Liner-USA and High 

Liner-Canada) were true. 

18. By letter dated May 14, 2008, counsel for Ms. Picard informed Ms. Brown, High LinerUSA and High Liner-Canada that under New Hampshire law 

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$ RSA 275:42 III B defines Awages@; 

$ RSA 275:43 V B states that severance pay, whether Asuch benefits are a matter of 

employment practice or policy, or both, shall be considered wages pursuant to 

RSA 275:42 III@; 

$ RSA 275:45 B A...the employer shall pay, without condition and within the time 

set by this subdivision, all wages, or parts thereof, conceded by him to be due...@

$ RSA 275:44 I B AWhenever an employer discharges an employee, the employer 

shall pay the employee=s wages in full within 72 hours@; 

$ RSA 275:44 IV B AIf an employer wilfully and without good cause fails to pay an 

employee wage...such employer shall be additionally liable to the employee for 

liquidated damages...@; 

$ RSA 275:37 B ANo employer shall discriminate in the payment of wages between 

the sexes...@

$ RSA 275:56 B Every employer shall Aprovide such employee with a copy of all or 

part of such (personnel) file.@

19. The letter of May 14, 2008, from counsel requested that High Liner-USA 

(a) Asend to me (counsel for Ms. Picard) true and complete copies of Mary Picard=s 

personnel file with your company, including any and all performance assessments 

by May 21, 2008" (with High Liner-USA being informed that the term Apersonnel 

file@ included payroll records, internal evaluations, disciplinary documentation 

and performance evaluations, wherever maintained and an Authorization signed 

by Ms. Picard was included for that purpose); 

(b) Apay Ms. Picard the >Separation Payments= and other benefits outlined in your 

letter of March 31, 2008, on or before May 21, 2008"; 

(c) Aurge you to reconsider the company=s decision, as set forth in your letter of May 

5, 2008, to reject the offer made by Ms. Picard in her letter of April 29, 2008.@

20. The letter of May 14, 2008, also notified High Liner-USA that in the event a resolution 

was not made as soon as possible AMs. Picard will not hesitate to enforce her legal rights, which 

will include requests for attorney=s fees.@

21. A second request for the complete personnel file and Separation Payments was made by 

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Ms. Picard=s counsel to counsel for High Liner-USA on May 29, 2008. 

22. By letter dated June 3, 2008, a copy of Ms. Picard=s alleged personnel file was mailed to 

her counsel. 

23. That Ms. Picard=s performance reviews or performance assessments were not included in 

the file forwarded by High Liner-USA. 

24. That no other severance payments have been made by High Liner-USA to Ms. Picard. 

25. That Ms. Picard has been damaged by the conduct of High Liner-USA. 

COUNT I 

 VIOLATION OF RSA 275:56 (PERSONNEL FILE)

26. RSA 275:56 requires that an employer such as High Liner-USA 

Aupon request, provide [the] Employee with a copy of 

all or part of such [personnel] file.@

27. The term Apersonnel file@ is defined in the administrative code as 

Aany personnel records created and maintained by an employer 

and pertaining to an employee including and not limited to 

employment applications, internal evaluations, disciplinary 

documentation, payroll records, injury reports and performance 

assessments, whether maintained in one or more locations, unless 

such records are exempt from disclosure under RSA 275:56, III 

or are otherwise privileged or confidential by law. The term 

does not include recommendations, peer evaluations or notes 

not generated or created by the employer.@

N.H. Admin. Lab.Code ' 802.09. 

28. Although requested on several occasions, High Liner-USA has not provided Ms. Picard 

with a complete copy of her personnel file with, at a minimum, there being no Ainternal 

evaluations, disciplinary documentation...and performance assessments@ included with the file. 

29. The failure of High Liner-USA to so provide a complete copy of the personnel file and 

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violate RSA 275:56 is knowing, deliberate, intentional and in bad faith. 

30. Ms. Picard requests that this Court order High Liner-USA to provide her with a complete 

copy of her personnel file immediately. 

31. Ms. Picard requests that this Court order High Liner-USA to pay her attorney=s fees 

associated with the violation of RSA 275:56 which has necessitated (in part) this litigation. 

COUNT II 

 VIOLATION OF RSA 275:44 AND 275:45

 WAGES TO BE PAID WITHIN 72 HOURS

32. All facts stated in this Petition are incorporated in this Count II. 

33. RSA 275:43 V states that severance pay is considered to be Awages.@

34. RSA 275:45 Unconditional Payment of Wages Conceded to be Due requires that Athe 

employer shall pay...all wages, or parts thereof, conceded by him to be due...@

35. RSA 275:44 I requires that Athe employer shall pay the employee=s wages in full within 

72 hours.@

36. RSA 275:44 IV obligates High Liner-USA to be Aadditionally liable@ to Ms. Picard and to 

pay Ms. Picard liquidated damages in the amount of double wages for its failure to pay her the 

full wages due within 72 hours. 

37. That the failure of High Liner-USA to so pay Ms. Picard her wages pursuant to RSA 

275:44 and RSA 275:45 was wilful, without good cause, knowing, deliberate, intentional and in 

bad faith. 

38. That such failure of High Liner-USA has resulted in damages to Ms. Picard. 

39. That pursuant to RSA 275:53 and otherwise the actions of High Liner-USA make it liable 

to pay all costs and attorney=s fees incurred by Ms. Picard in this action. 

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40. That Ms. Picard has been damaged by the conduct of High Liner-USA as aforesaid in an 

amount within the jurisdictional limits of this Court. 

COUNT III 

 VIOLATION OF RSA 275:43

 FAILURE TO PAY SEVERANCE PAY AS WAGES

41. All facts stated in this Petition are incorporated in this Count III. 

42. RSA 275:43 III states that severance pay, when Asuch benefits are a matter of 

employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42 II 

when due.@

43. Prior to March 31, 2008, High Liner-USA established an employment practice or policy 

concerning the payment of severance wages, advance notice of termination of 

employment, and other benefits for male, salaried, professional employees who were similarly 

situated to Ms. Picard. 

44. High Liner-USA has not paid to Ms. Picard the same severance pay as other male, 

professional, salaried, similarly situated employees that it was the employment practice or policy 

of High Liner-USA to pay. 

45. That such failure of High Liner-USA has resulted in damages to Ms. Picard. 

46. That the failure of High Liner-USA to so pay Ms. Picard her proper severance pay and 

benefits was knowing, deliberate, intentional and in bad faith. 

47. That pursuant to RSA 275:53 and otherwise the actions of High Liner-USA make it liable 

to pay all costs and attorney=s fees incurred by Ms. Picard in this matter. 

48. That Ms. Picard has been damaged by the conduct of High Liner-USA as aforesaid in an 

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amount within the jurisdictional limits of this Court. 

COUNT IV

VIOLATION OF RSA 275:37

 DISCRIMINATION

49. All facts stated in this Petition are incorporated in this Count V. 

50. RSA 275:37 Equal Pay requires that 

A...no employer shall discriminate in the payment of wages 

as between sexes...@

51. High Liner-USA has discriminated in the payment of wages between Ms. Picard and 

male salaried professional employees who were similarly situated as Ms. Picard. 

52. The wages paid to male salaried professional employees in the form of severance wages 

has been much higher than the severance wages paid or offered to be paid to Ms. Picard. 

53. The variation between the severance wages paid by High Liner-USA to male salaried 

professional employees and those severance wages paid or offered to be paid to Ms. Picard is not 

justified by RSA 275:37 or otherwise. 

54. That the discrimination against Ms. Picard as aforesaid is a violation of RSA 275:37. 

55. That RSA 275:39 Liquidated Damages provides that High Liner-USA is liable to Ms. 

Picard in the amount of unpaid wages and Ain an additional equal amount of liquidated damages@

for a violation of RSA 275:37. 

56. That the discrimination against Ms. Picard as aforesaid by High Liner-USA was 

knowing, deliberate, intentional and in bad faith. 

57. That such discrimination has resulted in damages to Ms. Picard as aforesaid. 

58. That the actions of High Liner-USA make it liable to pay costs and attorney=s fees 

incurred by Ms. Picard in this action, pursuant to RSA 275:53 and otherwise. 

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59. That Ms. Picard has been damaged by the conduct of High Liner-USA as aforesaid in an 

amount within the jurisdictional limits of this Court. 

COUNT V 

 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

60. All facts stated in this Petition are incorporated in this Count VI. 

61. High Liner-USA has a duty to avoid causing emotional distress that would cause physical 

injury to Ms. Picard. 

62. By falsely accusing Ms. Picard of criminal activity, criminal conduct and the type of 

actions that it has, High Liner-USA has breached its said duty and created an unreasonable risk 

of causing emotional distress that would likely lead to physical injury. 

63. That Ms. Picard, as a direct result of the breach of duty by High Liner-USA, has suffered 

a significant, painful and mental and emotional experience with lasting effects that has 

manifested itself in physical injuries. 

64. That Ms. Picard claims damages against High Liner-USA in an amount within the 

jurisdictional limits of this Court. 

65. That Ms. Picard claims attorney=s fees as additional damages as the result of the knowing, 

deliberate, intentional and bad faith conduct of High Liner-USA. 

 66. That Ms. Picard has been damaged by the conduct of High Liner-USA as aforesaid in an 

amount within the jurisdictional limits of this Court. 

COUNT VI 

 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

67. All facts stated in this Petition are incorporated in this Count VII. 

68. That the actions of High Liner-USA in this action constitute extreme and outrageous 

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conduct. 

69. Ms. Picard has been caused damage due to the extreme and outrageous conduct of High 

Liner-USA. 

70. High Liner-USA is liable to Ms. Picard in damages for intentionally causing Ms. Picard 

emotional distress, based on the actions of High Liner-USA as set forth in this Petition. 

71. Ms. Picard claims damages against High Liner-USA as a result of such conduct within 

the jurisdictional limits of this Court. 

72. That Ms. Picard claims attorney=s fees as the result of the knowing, intentional, deliberate 

and bad faith conduct of High Liner-USA. 

COUNT VII

VIOLATION OF RSA 358-A

73 All facts stated in this Petition are incorporated in this Count VIII. 

74. The actions of High Liner-USA are an unfair or deceptive act or practice in the conduct 

of commerce. 

75. The actions of High Liner-USA, even to one Ainured to the rough and tumble of the world 

of commerce@ attains and surpasses a Alevel of rascality which raises eyebrows@ (illegal 

activities, violation of state and federal statutes, gender discrimination, failure to provide 

personnel files when requested, etc.). 

76. That the plaintiff herein is a Aperson injured@ by the said conduct of High Liner-USA. 

77. That the acts or practices of High Liner-USA were wilful and knowing violations of RSA 

358-A. 

78. That the damages to the plaintiff should include an award of a maximum of treble 

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damages, but not less than double damages, and attorney=s fees pursuant to RSA 358-A:10. 

79. That the plaintiff has been damaged by the conduct of High Liner-USA in an amount 

within the jurisdictional limits of this Court. 

EQUITY JURISDICTION

80. That Ms. Picard does not have an adequate remedy at law. 

WHEREFORE, Ms. Picard prays as follows: 

I. PENDING A JURY TRIAL ON THE MERITS: 

A. A hearing be scheduled on the temporary relief requested by Ms. Picard. 

B. High Liner-USA be ordered to provide to Ms. Picard a complete copy of her personnel 

file in accordance with RSA 275:56. 

C. High Liner-USA be ordered to pay to Ms. Picard both the amount of severance wages 

which it admits is due to her in accordance with RSA 275:44 and 275:45. 

D. High Liner-USA be ordered to pay to Ms. Picard liquidated damages in accordance with 

RSA 275:44 IV in the amount of the severance wages deemed to be due her. 

E. High Liner-USA be ordered to pay to Ms. Picard attorney=s fees and costs due to the 

conduct of High Liner-USA. 

II. AFTER A JURY TRIAL ON THE MERITS: 

A. High Liner-USA be ordered to pay damages and liberal enhanced damages to Ms. Picard 

pursuant to the claims made in Counts II, III, IV, V, VI, and VII above, including but not limited 

to liquidated and multiple damages. 

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B. High Liner-USA be ordered to pay attorney=s fees and costs to Ms. Picard due to the 

conduct of High Liner-USA, RSA 275:53, and RSA 358-A:10. 

C. For such other and further relief as may be just. 

III. JURY TRIAL 

A. The plaintiff demands a jury trial on all issues of fact. 

RESPECTFULLY SUBMITTED: 

MARY PICARD 

By her attorneys: 

BOYNTON, WALDRON, DOLEAC, 

WOODMAN & SCOTT, P.A. 

 

Dated: July 23, 2008 By: /s/Amy C. Mackin_________ 

Amy C. Mackin, Bar # 17721 

Ralph Woodman, Bar # 2790 

82 Court Street, PO Box 418 

Portsmouth, NH 03802-0418 

(603) 436-4010 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of Amended Complaint was electronically served through 

ECF, this 23rd day of July 2008 to Christopher Cole, Esq. and Karyl R. Martin, opposing 

counsels. 

/s/ Amy Mackin_____________

Amy Mackin 

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