Employee Discipline: New Hampshire

Federal law and guidance on this subject should be reviewed together with this section.

Authors: James P. Reidy, Sheehan Phinney and Christine P. Corrigan, CPC Writing Services

Summary

• New Hampshire is an at-will employment state. However, New Hampshire courts have recognized public policy exceptions to the employment at-will relationship. See Employment At-Will.
• Employers and employees need not give notice of termination unless there is a binding agreement or law stating the contrary. See Disciplinary Procedures.
• Employers should keep accurate written records of each instance of discipline. These documents, because they are prepared by the employer and pertain to the employee, should be a part of the employee's personnel file. See Documenting Discipline.
• New Hampshire is a two-party consent state. See Recording Meetings.
• New Hampshire law expands federal protections against discrimination. See Discipline and Protected Classes.
• The Granite State Paid Family Leave (PFL) Plan law contains retaliation protections. See Paid Family Leave.
• New Hampshire's Whistleblower Protection Act prohibits retaliation against employees who, in good faith, alert their employer or others to an alleged violation of law. See Whistleblower Protections.
• New Hampshire law prohibits employers from requiring, as a condition of employment, that employees or applicants refrain from using tobacco outside of their employment. See Legal Off-Duty Activities.
• New Hampshire protects employees' social media privacy rights. See Social Media Privacy.
• New Hampshire law allows for employers to require reasonable restrictive covenants of their employees, including those covenants with provisions relating to trade secret misappropriation. See Workplace Theft.