Discipline and termination
State procedures
Are there state-specific laws on the procedures employers must follow with regard to discipline and grievance procedures?
New Hampshire has no specific law on this issue that is applicable to private employers.
At-will or notice
At-will status and/or notice period?
Like most other states, New Hampshire recognizes the at-will employment doctrine. In the absence of an employment contract for a definite term, the at-will relationship may be terminated by either the employer or the employee at any time for any reason not prohibited by law, with or without notice. Requiring employees to provide any specified amount of notice for a resignation would be considered inconsistent with the at-will doctrine.
What restrictions apply to the above?
New Hampshire has recognized an exception to the at-will rule for terminations that are in violation of public policy. Employees may have a claim against their employers for wrongful discharge if they can establish that their termination was motivated by bad faith, malice, or retaliation and that it contravenes public policy. See e.g.,Cloutier v. A. & P. Tea Co., 121 N.H. 915 (1981).
Aside from common law claims, statutes protect employees in New Hampshire from termination for engaging in the following conduct or for the following reasons:
- Because of the employee’s status based on age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, national...
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