Wrongful Termination in New Hampshire:
FAQ on Employee Rights and How to Fight Back by Joseph Kelly Levasseur, Esq. | January 29, 2026 | Levasseur Law NH
If you've been fired from your job in New Hampshire and suspect it was unfair or illegal, you're not alone. As an experienced New Hampshire employment lawyer, I've helped countless employees navigate wrongful termination claims. New Hampshire is an "at-will" employment state, meaning employers can generally terminate workers for any reason—or no reason at all. However, there are crucial exceptions under state and federal laws that protect your rights. This FAQ guide explains wrongful termination in New Hampshire, key exceptions to at-will employment, and practical steps to fight back.
Whether you're dealing with discrimination, retaliation, or a public policy violation, understanding NH laws like RSA 354-A (Law Against Discrimination) and RSA 275-E (Whistleblower Protection) can empower you to seek justice. We'll cover how to document your case, file claims, and potentially recover damages like lost wages, emotional distress, or punitive awards. If your situation matches any of these scenarios, contact me at Levasseur Law for a free consultation—don't let employers get away with illegal firings.
What Is Wrongful Termination in New Hampshire?
Wrongful termination occurs when an employer fires an employee in violation of state or federal laws, even in an at-will state like New Hampshire. Under NH law, at-will employment (recognized in cases like Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915 (1981)) allows termination without notice or cause, but exceptions protect workers from discriminatory, retaliatory, or bad-faith dismissals.Key point: Not every unfair firing is "wrongful" legally. For example, being let go due to company downsizing is typically lawful, but firing someone for reporting safety violations could be illegal retaliation under RSA 275-E.
Is New Hampshire an At-Will Employment State?
Yes, New Hampshire follows the at-will doctrine, meaning either the employee or employer can end the relationship at any time without prior notice. This is the default unless there's a written contract specifying otherwise. However, this doesn't give employers carte blanche—federal laws like Title VII of the Civil Rights Act and state statutes create strong protections.Exceptions to at-will in NH include:
- "Wrongful Termination New Hampshire: FAQ on Rights & How to Fight Back | Levasseur Law".
What Are the Main Exceptions to At-Will Employment in New Hampshire?
New Hampshire recognizes several exceptions to at-will employment, drawn from statutes, court decisions, and federal overlaps. Here's a breakdown:
- Discrimination Exception: Employers cannot fire you based on protected classes under RSA 354-A, including race, color, religion, sex (including pregnancy and gender identity), national origin, age (40+), physical or mental disability, marital status, or sexual orientation. Federal laws like the ADA (Americans with Disabilities Act) and ADEA (Age Discrimination in Employment Act) provide additional layers.Example: If you're terminated after requesting reasonable accommodations for a disability, that's potentially wrongful. In 2023, the NH Supreme Court upheld similar claims in cases involving failure to accommodate.
- Retaliation Exception: Under RSA 275-E, employers can't retaliate for good-faith reports of legal violations, wage disputes, or unsafe conditions. This includes whistleblowing on issues like harassment or fraud. Federal protections under OSHA (Occupational Safety and Health Act) or FLSA (Fair Labor Standards Act) also apply. Real-world tip: If you filed a workers' compensation claim (protected under RSA 281-A) and were fired shortly after, document the timeline—it could prove causation.
- Public Policy Exception: Established in Monge v. Beebe Rubber Co., 114 N.H. 130 (1974), this allows claims if your firing was motivated by bad faith, malice, or retaliation and it violates public policy. Public policy encourages acts like jury duty (RSA 500-A:14) or refusing illegal tasks (e.g., falsifying records).Courts require two elements: (1) bad faith/malice, and (2) the termination contravenes policy (e.g., firing for refusing to commit perjury).
- Breach of Contract Exception: If an employee handbook, policy manual, or verbal promise implies job security (e.g., "progressive discipline" or "termination only for cause"), it may create an implied contract (Panto v. Moore Business Forms, 130 N.H. 730 (1988)). Union contracts or written agreements override at-will entirely.
- Constructive Discharge: Not a direct firing, but if conditions become intolerable due to discrimination or harassment, forcing you to quit, it's treated as wrongful termination (NH Human Rights Commission guidelines).
How Can Employees Prove Wrongful Termination in New Hampshire?
Proving wrongful termination requires evidence. Start by gathering:
- Performance reviews showing positive feedback.
- Emails, texts, or memos related to the incident.
- Witness statements from coworkers.
- Timelines linking protected activity to termination.
Tip for NH residents: Request your personnel file under RSA 275:56—employers must provide it within 5 days.
What Steps Should I Take If I Suspect Wrongful Termination?
Don't delay—statutes of limitations are short. Here's a step-by-step guide:
- Document Everything: Note dates, conversations, and reasons given for termination. Save voicemails or emails.
- Review Company Policies: Check handbooks for implied contracts or grievance procedures.
-
File Administrative Complaints:
- Discrimination/Retaliation: NH Human Rights Commission (within 180 days) or EEOC (300 days for federal crossover).
- Wage/Whistleblower: NH Department of Labor (DOL) under RSA 275.
- Unemployment: Appeal denial if fired for "misconduct" (RSA 282-A:32)—winning can support your claim.
- Consult a Lawyer: An NH wrongful termination attorney can assess viability. Free consultations are common.
- File a Lawsuit: For common law claims (e.g., public policy), sue in NH Superior Court (3-year statute for torts, RSA 508:4). Damages may include back pay, front pay, attorneys' fees, and emotional distress.
Can I Get My Job Back After Wrongful Termination?
Reinstatement is possible but rare—courts prefer monetary damages. Under RSA 354-A, remedies include reinstatement, but many opt for settlements to avoid awkward returns.What Damages Can I Recover in a Wrongful Termination Case in NH?Potential recoveries:
- Lost wages and benefits (back/front pay).
- Emotional distress/punitive damages (if malice proven).
- Attorneys' fees (under statutes like RSA 354-A).
- Liquidated damages for willful violations (e.g., RSA 275:44 for wages).
How Does Wrongful Termination Affect Unemployment Benefits in NH?
If fired wrongfully, you're likely eligible for unemployment (RSA 282-A). "Misconduct" disqualifies, but appealing (within 20 days) can reverse it. Winning bolsters your termination claim.
Are There Special Rules for Public Employees in New Hampshire?
Yes—public workers (e.g., state/municipal) have additional due process under the NH Constitution and RSA 98-E (Personnel Appeals Board). They may appeal to the Personnel Appeals Board within 30 days.What If My Employer Retaliates After I File a Claim?Retaliation is illegal and creates a new claim. Report to the NH HRC or DOL immediately.
Common Mistakes to Avoid in Wrongful Termination Cases
- Signing severance without review—it may waive rights.
- Posting negatively on social media—could hurt your case.
- Missing deadlines—180 days for most administrative filings.
Empowering NH Workers Against Wrongful Termination
Wrongful termination in New Hampshire isn't just unfair—it's often illegal. By knowing your rights under laws like RSA 354-A, RSA 275-E, and court precedents, you can fight back effectively.
If you've experienced discrimination, retaliation, or a public policy violation, don't hesitate to act. As a dedicated NH employment lawyer at Levasseur Law, I've secured justice for clients across the state. Visit josephkellylevasseur.com for more resources, or follow me on X
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