Best Hiring & Firing Lawyers in New Hampshire

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McLane Middleton
Manchester, United States

Founded in 1919
75 people in their team
English
McLane Middleton is dedicated to our clients’ businesses, acting in a consultative fashion and offering guidance through today’s complex legal system.Every day we help our clients solve their toughest legal problems and create better outcomes.McLane Middleton holds the respected honor of being...
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About Hiring & Firing Law in New Hampshire, United States

Hiring and firing laws in New Hampshire, United States, govern the processes employers must follow when bringing employees on board or letting them go. As an “at-will” employment state, New Hampshire allows employers and employees to end their working relationship at any time, for almost any reason, with or without notice. However, there are important exceptions and regulations aimed at preventing unlawful hiring or firing practices. These include protections against discrimination, requirements for proper wage payment, and guidelines regarding employee rights and employer responsibilities. Whether you are an employer or an employee, understanding these laws is crucial to ensure fair treatment and compliance.

Why You May Need a Lawyer

There are several situations where hiring a lawyer familiar with New Hampshire labor law can help protect your interests. If you feel you have been wrongfully terminated or discriminated against, a legal professional can review your case and advise on your rights. Employers often consult with attorneys to develop compliant hiring and termination policies, draft employment contracts, or handle sensitive dismissals. Additionally, legal counsel can be crucial when facing claims related to unpaid wages, unemployment benefits, workplace retaliation, severance agreements, or responding to state labor department investigations. Having a lawyer involved ensures you understand the complex regulations and avoid costly errors.

Local Laws Overview

Key labor and employment laws shaping hiring and firing practices in New Hampshire include:

  • Employment-at-will: Either the employer or employee can end employment for almost any reason, provided it is not illegal.
  • Anti-discrimination laws: Both state and federal statutes protect individuals from discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, and other categories.
  • Wage payment laws: Regulations require timely and correct payment of wages, including final paychecks after termination.
  • Unemployment benefits: Laws ensure eligible employees have access to unemployment after involuntary job loss.
  • Whistleblower protections: Employees are protected from retaliation for reporting violations of law by their employer.
  • Notice requirements: In special cases, such as mass layoffs, certain notice obligations may apply under federal law.

Employers must also comply with requirements for employment verification, workplace safety, and employee handbooks. Violations can lead to lawsuits, penalties, or agency investigations.

Frequently Asked Questions

Is New Hampshire an at-will employment state?

Yes, New Hampshire follows at-will employment, meaning either the employer or the employee can terminate employment at any time, for almost any legal reason, or for no reason at all.

Can an employer fire someone without notice in New Hampshire?

Generally, yes. Employers are not required to give advance notice before firing an employee, unless the employment contract states otherwise.

What reasons are considered unlawful grounds for firing in New Hampshire?

It is illegal to terminate employees because of their race, color, religion, sex, age, disability, national origin, sexual orientation, gender identity, or in retaliation for whistleblowing or asserting legal rights.

Do employers need a reason to fire someone?

Employers are not required to provide a reason for termination unless it is to avoid unlawful or discriminatory practices, or if the reason is requested and must be provided by company policy.

What are the rules for final paychecks in New Hampshire?

Terminated employees must be paid all wages owed within 72 hours of the termination. Employees who quit should receive their final paycheck by the next scheduled payday.

Can employers ask about criminal records during hiring?

Yes, employers in New Hampshire may ask about criminal history, but must comply with federal and state anti-discrimination laws and use the information appropriately.

Is there required severance pay in New Hampshire?

No, New Hampshire law does not require employers to provide severance pay, unless promised in an employment agreement or company policy.

How are unemployment benefits handled after termination?

Employees who lose their job through no fault of their own, such as layoffs, may be eligible for unemployment benefits. Those fired for misconduct may be ineligible.

What should I do if I believe I was wrongfully terminated?

Gather documents related to your employment and separation, note the details of your termination, and consider contacting a labor attorney or the New Hampshire Commission for Human Rights for guidance.

Are there protections for employees who report legal violations?

Yes, New Hampshire law prohibits retaliation against employees who report illegal activities or workplace safety violations.

Additional Resources

  • New Hampshire Department of Labor: Offers guidance on workplace rights, wage issues, and complaint processes.
  • New Hampshire Commission for Human Rights: Handles discrimination complaints and educates about employee rights.
  • United States Equal Employment Opportunity Commission (EEOC): Enforces federal discrimination laws applicable in New Hampshire.
  • Local bar associations: Can assist in finding qualified employment attorneys in New Hampshire.
  • Legal aid organizations: Provide support to eligible individuals on employment law matters.

Next Steps

If you believe your hiring or firing situation may involve a legal issue, start by documenting relevant facts and gathering employment records, pay stubs, and communication with your employer. Review your employee handbook or contract if applicable. Consider reaching out to a local employment attorney to discuss your rights and options. You may also contact the New Hampshire Department of Labor or the Commission for Human Rights to file a complaint or seek further information. Taking swift, informed action increases your chances of a favorable outcome in employment law matters.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.