Best Wrongful Termination Lawyers in New Hampshire

About Wrongful Termination Law in New Hampshire, United States

Wrongful termination occurs when an employee is fired or laid off for reasons that violate the law or an employment agreement. In New Hampshire, most employment is "at-will," meaning employers can terminate employees for any reason or no reason at all, as long as it is not illegal. However, certain federal and state laws protect employees from being terminated for discriminatory, retaliatory, or otherwise unlawful reasons. Understanding your rights is essential if you believe you have been wrongfully terminated from your job.

Why You May Need a Lawyer

There are a variety of situations where legal help may be necessary in wrongful termination matters:

• You believe you were fired due to your race, gender, age, religion, disability, or another protected characteristic.
• You were terminated in retaliation for reporting illegal activity, such as workplace safety violations or harassment.
• Your termination came after you took family or medical leave that you are entitled to under the law.
• You suspect you were let go for serving on a jury, serving in the military, or participating in another activity protected by law.
• You had a written employment contract specifying the terms of termination, and your employer did not follow those terms.
• You need help evaluating whether your company violated federal or state employment laws.
• You are unsure how to collect evidence, file a complaint, or negotiate with your former employer.

An experienced lawyer can help you understand your rights, assess the strength of your case, and navigate the complex legal process of pursuing a wrongful termination claim.

Local Laws Overview

New Hampshire, like many states, follows the at-will employment doctrine but there are key exceptions and local regulations you should be aware of:

• Discrimination: Under both state and federal law, employers cannot fire employees based on protected characteristics such as race, color, religion, sex (including pregnancy and sexual orientation), national origin, age (40 and older), disability, or genetic information. The New Hampshire Commission for Human Rights oversees these protections at the state level.
• Retaliation: It is unlawful for employers to terminate employees for filing a complaint of discrimination, participating in an investigation, or exposing illegal or unsafe practices (whistleblowing).
• Contracts and Employer Policies: If there is an employment contract, or the employer has made clear promises through policies or handbooks, firing contrary to those terms can be wrongful.
• Public Policy: New Hampshire prohibits termination for reasons that violate public policy, such as firing an employee for filing a workers compensation claim or refusing to perform illegal acts.
• Final Pay: State law requires employers to pay all wages due to terminated employees within 72 hours.

Frequently Asked Questions

What does "at-will employment" mean in New Hampshire?

At-will employment means employers can hire or fire employees at any time with or without cause, as long as the reason is not illegal or in violation of a contract.

What are some illegal reasons for termination?

It is illegal for your employer to fire you because of your race, gender, religion, age, disability, pregnancy, or because you exercised a legal right such as reporting discrimination or taking medical leave.

Do I have a case if I am fired unfairly but not illegally?

No. Unfair treatment is not always illegal. The law only protects you if the termination violates a statute, public policy, or an employment contract.

What evidence should I gather for my wrongful termination case?

Keep records of any written communication regarding your firing, your employment contract or handbook, performance reviews, and any evidence that suggests the real reason for your termination was illegal.

How long do I have to file a wrongful termination complaint?

Time limits vary depending on the basis of your complaint. For discrimination claims, you generally have 180 days to file with the New Hampshire Commission for Human Rights or the federal Equal Employment Opportunity Commission (EEOC).

Can I sue my employer for wrongful termination?

Yes, if you meet the legal requirements. However, you are typically required to file with a state or federal agency before pursuing a lawsuit in court, especially for discrimination or retaliation claims.

What remedies might I receive if I win a wrongful termination claim?

Remedies may include reinstatement to your job, back pay, front pay, benefits compensation, and sometimes damages for emotional distress or punitive damages.

Does my employer need a reason to fire me?

Employers generally do not need a reason unless you have a contract specifying otherwise or if firing you would violate the law.

What if I quit because of harassment or discrimination?

If you were forced to resign due to an unlawful work environment, you may have a claim for "constructive discharge," which is legally treated the same as being fired.

Who enforces wrongful termination laws in New Hampshire?

The New Hampshire Commission for Human Rights and the federal EEOC investigate discrimination and retaliation complaints. Contract disputes generally proceed through the state court system.

Additional Resources

• New Hampshire Commission for Human Rights - Handles discrimination and retaliation complaints within the state.
• Equal Employment Opportunity Commission (EEOC) - Federal agency for workplace discrimination claims.
• New Hampshire Department of Labor - Provides information about wage laws, final pay, and worker rights.
• Legal Aid and Bar Associations - Offer referrals and, in some cases, free legal assistance for those who qualify.

Next Steps

If you believe you have been wrongfully terminated in New Hampshire, consider taking the following steps:

1. Document everything related to your termination, including communications, performance reviews, and company policies.
2. Review your employment contract, handbook, or offer letter to understand your rights.
3. File a complaint with the New Hampshire Commission for Human Rights or EEOC if you believe illegal discrimination or retaliation occurred.
4. Consult with an experienced employment attorney who can evaluate your situation and discuss possible legal strategies.
5. Be aware of filing deadlines and do not delay in seeking guidance, as waiting too long could affect your rights.

A knowledgeable lawyer can help you navigate the process, negotiate with your employer, or represent you in court to pursue the compensation you deserve.