Case 1:19-cv-01156-SM Document 1 Filed 11/13/19 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

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Daniel J. Lawsure, *
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Plaintiff * COMPLAINT
* Jury Trial Requested
v. *
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Fulcrum Associates, Inc., *
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Defendant *
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NOW COMES the plaintiff Daniel J. Lawsure, by and through his attorneys Douglas,

Leonard & Garvey, P.C., and respectfully submits the within Complaint, stating as follows:

I. Parties

1. The plaintiff Daniel Lawsure resides at 11 Hill Way, Cape Elizabeth, Maine

04107.

2. The defendant Fulcrum Associates, Inc. is a New Hampshire corporation with a

principal place of business at 5 Tech Circle, Amherst, New Hampshire 03031.

II. Jurisdiction and Venue

3. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §1332 because

the plaintiff and the defendant are residents of different states and the amount in controversy is

greater than $75,000.00.

4. Venue is proper because the acts and omissions giving rise to this matter occurred

within this judicial district.

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III. Facts

5. The plaintiff began working for the defendant as a Project Superintendent on or

about July 29, 2018, at a base annual salary of $110,000.00. The plaintiff’s job responsibilities

related to a development on Washington Street in Dover, New Hampshire, intended to include

commercial establishments on the first level, a parking garage underneath, and a 4-story

apartment complex above the commercial establishments. The defendant was the General

Contractor for the development.

6. In the initial months of his employment the plaintiff received praise from the

defendant’s management that he was doing a “great job.” In fact, the defendant encouraged the

plaintiff to acquire an apartment close to the job site so he would not have to commute from

Cape Elizabeth. The defendant paid the rent associated with the apartment. The defendant

further instructed the plaintiff to buy furnishings for the apartment at the defendant’s expense.

7. In or around early September of 2018, the plaintiff received a report from FGG

Consulting (FGG) regarding the Washington Street development. The FGG report stated that

that the ground improvement system was not adequate for the development. The plaintiff

understood that, if the FGG report were correct, the foundation of the development would likely

fail, leading to the possible collapse of the development. If the development collapsed, people

occupying it would be in peril, as well as people in the surroundings. The development abuts the

Dover District Court, the Shaheen and Gordon law firm, City Hall, Aubuchon Hardware, and the

Thirsty Moose restaurant, among other things.

8. The plaintiff’s concerns for the safety of the structure increased when, in or

around September of 2018, he observed cracks in the foundation of the structure before a load

had even been presented to it.

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9. The plaintiff approached the defendant’s owner, Jeffrey Luter, and advised him to

suspend construction and pay appropriate heed to the concerns raised by FGG. “We can’t play

ostrich with this,” Mr. Lawsure stated. Mr. Lawsure emphasized that the structure needed to

meet Code requirements, including the requirements of the International Building Code. Mr.

Lawsure reported that proceeding with construction without heeding the FGG report would cause

the development to fail to meet the requirements of the International Building Code.

10. Mr. Luter replied, “I can’t afford to lose another million dollars.”

11. The defendant fired Mr. Lawsure on or about December 7, 2018. Notably, the

defendant never reimbursed Mr. Lawsure for the furnishings that the defendant told him to buy

for the apartment the defendant told him to rent.

COUNT I

(Wrongful Discharge)

12. The allegations of the preceding paragraphs are repeated and incorporated herein

by reference.

13. The defendant fired the plaintiff with bad faith and malice, firing him without

warning and because he expressed concerns about the development structure that implicated

public safety.

14. The defendant fired the plaintiff because he performed acts encouraged by public

policy, reporting concerns about the safety of the development structure.

15. As a direct and proximate result of the plaintiff’s wrongful discharge, the plaintiff

has suffered and continues to suffer damages, including but not limited to lost wages, lost

earning capacity, lost employment benefits, emotional distress, humiliation, inconvenience, and

loss of enjoyment of life.

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COUNT II

(Violation of RSA 275-E)

16. The allegations of the preceding paragraphs are repeated and incorporated herein

by reference.

17. The defendant fired the plaintiff because he reported what he reasonably believed

to be a violation of the International Building Code and thereby of the laws of the State of New

Hampshire or a political subdivision of the State of New Hampshire.

18. The defendant’s violations of RSA 275-E:2, I, entitle the plaintiff to

reinstatement, back pay and reasonable attorney’s pursuant to RSA 275-E:2, II.

REQUEST FOR RELIEF:

WHEREFORE, the plaintiff Daniel J. Lawsure respectfully prays this Honorable Court:

A. Schedule this matter for trial by jury, and after trial;

B. Find the defendant liable for wrongful discharge;

C. Find the defendant liable for violation of RSA 275-E;

D. Award the plaintiff damages for lost wages, lost employment benefits and lost

earning capacity;

E. Award the plaintiff damages for emotional distress, humiliation, inconvenience

and loss of enjoyment of life;

F. Order the plaintiff’s reinstatement;

G. Award the plaintiff his reasonable attorney’s fees; and

H. Grant such other and further relief as is just and equitable.

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Respectfully submitted,
DANIEL J. LAWSURE
By his attorneys,
DOUGLAS, LEONARD & GARVEY, P.C.

Dated: November 13, 2019 By: /s/ Benjamin T. King

Benjamin T. King, NH Bar #12888
14 South Street, Suite 5
Concord, New Hampshire 03301
(603) 224-1988
benjamin@nhlawoffice.com

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