New Hampshire adheres to federal discrimination and wrongful termination laws without supplementation in the majority of cases. However, there are some additional statutes that New Hampshire employers must comply with to avoid penalties. As an “at will” employment state, the only reasons for which employers and employees cannot terminate employment relationships are spelled out in state and federal laws such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. These discrimination and wrongful termination statutes provide measures for employees to pursue remedies for violations.
New Hampshire’s Specific Labor Laws
New Hampshire employees are protected by federal discrimination and wrongful termination laws and state supplemental statutes, which include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
FLSA rate
|
Maximum tip credit $2.57; minimum wage for tipped employees $2.38 or 45% of minimum wage, whichever is greater |
|
State Military Leave |
Yes |
State national guard and militia on active duty have the same leave and reinstatement rights as USERRA; discrimination based on military service prohibited |
|
Jury Duty |
Yes |
Unpaid leave |
|
Voting |
No |
|
|
Garnishment |
Yes |
Employer fee of $1 per support payment for child support and child medical support; employer penalties prohibited; no number of garnishments specified |
|
State Family & Medical Leave |
Yes |
Employers with minimum 6 employees covered; all employees eligible; family leave for temporary disability due to childbirth or related condition |
|
Arrest & Conviction Records |
Yes |
Employer may only ask about arrests or convictions that have not been legally annulled; cannot require applicants to have no arrest record; cannot base hiring decisions on arrest records unless a “business necessity”; cannot ask about arrest records to discourage applicants of a particular race or national origin |
|
Discrimination |
Yes |
For 6 or more employees; age; national origin; disability (physical or mental); gender; marital status; pregnancy/ childbirth; race; religion; sexual orientation; genetic testing |
|
Whistleblower |
Yes |
Employee must present report to employer or supervisor in order to allow them to correct abuses (except when it is reasonable to assume employer will not correct); employers may not interfere with rights of public employee to discuss work topics that are not confidential; |
|
Plant Closings |
Yes |
Any business making a takeover offer must notify secretary of state and target company of future plans to liquidate or change any management or employment systems |
*These laws change often, so consult local statutes for the most up-to-date information.
New Hampshire Discrimination Laws
There are a number of state discrimination laws in addition to the basic federal protections from discrimination based on race, color, religion, sex, or national origin. New Hampshire mandates the following guidelines to employees seeking remedies for violations of discrimination laws:
- State agencies preempt private lawsuits for discrimination claims
- There is no provision in New Hampshire law for private lawsuits
- It is at the state agency or court’s discretion whether an employee has the right to recover attorney’s fees
- The New Hampshire statute of limitations is 180 days from date of discrimination violation
Filing a Claim for Wrongful Termination
A claim for wrongful termination violations must be pursued through state agencies, where they will investigate the claim for validity, attempt to negotiate mediation or conciliation, and take the claim to civil court if all else fails.
Legal Remedies for Wrongful Termination
There are many remedies the EEOC office may pursue through claims, negotiations, and lawsuits:
- Injunctive relief in the workplace
- Reinstatement of benefits and position
- Lost wages
- Punitive damages
- Attorney’s fees and court costs
- Compensation for stress and suffering
Additional penalties that can be imposed upon employers who violate discrimination and wrongful termination laws as a result of EEOC claims or lawsuits include the following:
Jury duty – contempt of court, liable to employee for back pay, attorney’s fees, and reinstatement.
Garnishment – for non-compliance with child support withholding order or disciplining employee for such order, misdemeanor with fines of up to $1,000 for failure to withhold payments and fines of up to $100 per pay period
Whistleblower – employee must seek conciliation in-house before seeking hearing with labor commissioner; remedies include reinstatement, lost wages, fringe benefits, seniority, and injunctive relief; continued violations may bring daily penalties
New Hampshire places a great emphasis on employer compliance with federal discrimination and wrongful termination laws. There are additional state penalties for violations, and state agencies are the sole avenue of remedies for employees whose rights have been violated. However, it is a complex process with many details that only experienced employee rights attorneys can easily navigate. It may speed the case of an employee to consult such an attorney to ensure they receive the protections and compensation they deserve.
Local Resources
Commission for Human Rights
Concord, NH
603-271-2767
www.nh.gov/hrc