New Hampshire
Wrongful Termination in New Hampshire (2026): Laws and Deadlines
Independently fact-checked against primary sources (last audited October 10, 2026). · 19 primary sources cited on this page. How we verify our legal content
New Hampshire is an employment-at-will state, so a firing is wrongful only when it breaks a specific law or falls within the common-law limit the New Hampshire Supreme Court set in Monge v. Beebe Rubber Co., 114 N.H. 130 (1974): a termination "motivated by bad faith or malice or based on retaliation" breaches the employment contract. Later decisions require both that motive and a link to public policy (Karch v. BayBank FSB, 2002).
The main statute is the Law Against Discrimination, RSA chapter 354-A. RSA 354-A:7, I makes it unlawful for an employer of 6 or more people to discharge an employee because of a protected characteristic, and a complaint to the New Hampshire Commission for Human Rights is due within 180 days. To compare other states, see our guide to wrongful termination laws by state.
Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers New Hampshire law on firing employees: the Law Against Discrimination (RSA 354-A), the Whistleblowers' Protection Act (RSA 275-E), the wrongful discharge claim recognized in Monge and Karch, and the protective statutes in RSA 275 and RSA 500-A:14, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see New Hampshire severance pay laws.
Is New Hampshire an at-will state?
Yes. Either side can usually end employment of no fixed term, but New Hampshire courts do not treat at-will as "any reason goes." Monge held that a termination of an at-will contract "which is motivated by bad faith or malice or based on retaliation is not in the best interest of the economic system or the public good and constitutes a breach of the employment contract."
For how the doctrine works day to day, see New Hampshire at-will employment laws. Our research found no New Hampshire statute that requires just cause for private-sector firings; RSA 354-A and RSA 275-E forbid particular reasons rather than requiring a good one.
Grounds for a wrongful termination claim in New Hampshire
Discrimination under the Law Against Discrimination (RSA 354-A)
RSA 354-A:7 provides that it is an unlawful discriminatory practice "For an employer, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual." The same paragraph adds that "no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation."
The chapter fills in several of those classes:
- Pregnancy. Under RSA 354-A:7, VI(a), "sex" includes pregnancy and related conditions.
- Sexual harassment. RSA 354-A:7, V treats sexual harassment as sex discrimination.
- Disability. RSA 354-A:7, VII covers the failure to reasonably accommodate a disability.
- Genetic information. RSA 141-H:3 bars an employer from requiring genetic testing as a condition of employment and from terminating employment based on genetic testing. The Commission's employment page also lists genetic information as a protected class.
Federal law reaches the same ground at larger employers. In Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which applies to employers with 15 or more employees (42 U.S.C. 2000e(b)).
Who is covered. RSA 354-A:2, VII says "'Employer' does not include any employer with fewer than 6 persons in its employ." It also excludes exclusively social clubs and non-profit fraternal or religious associations, and it includes the state and its political subdivisions. Under RSA 354-A:2, VI, "employee" does not include a person employed by a parent, spouse or child, or a person in domestic service. The Commission's page adds that it cannot take complaints from federal employees or independent contractors.
Retaliation. RSA 354-A:19 makes it unlawful to retaliate against a person for opposing a practice the chapter forbids or for filing a complaint, testifying or assisting in a proceeding under it.
Wrongful discharge in violation of public policy (Monge and Karch)
New Hampshire's common-law claim grows out of Monge. In Karch v. BayBank FSB, 147 N.H. 525 (2002), the Supreme Court stated the elements: "a plaintiff must allege and prove that: (1) the termination of employment was motivated by bad faith, retaliation or malice; and (2) that she was terminated for performing an act that public policy would encourage or for refusing to do something that public policy would condemn."
Two earlier decisions show the claim in practice. In Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915 (1981), the court applied that public-policy test and found a sufficient link between the policy and the discharge. In Cilley v. New Hampshire Ball Bearings, Inc., 128 N.H. 401 (1986), it reversed a summary judgment because the public-policy allegation was sufficient.
Handbooks and implied contracts
In Panto v. Moore Business Forms, Inc., 130 N.H. 730 (1988), the New Hampshire Supreme Court held that an employer's written statement promising at-will employees economic benefits (there, salary and benefit contributions continuing after a layoff) can become a unilateral contract that employees accept by continuing to work. Whether a handbook also limits the reasons for firing depends on its terms; a lawyer can assess how a specific handbook fits.
Whistleblowing (RSA 275-E)
The Whistleblowers' Protection Act protects an employee who, in good faith, reports what the employee has "reasonable cause to believe is a violation of any law or rule," objects to or refuses to take part in such a violation, or participates in a government investigation (RSA 275-E:2, I). RSA 275-E:3 addresses refusing to carry out an illegal directive.
There are two routes. Under RSA 275-E:2, II, "An aggrieved employee may bring a civil suit within 3 years of the alleged violation of this section. The court may order reinstatement and back-pay, as well as reasonable attorney fees and costs, to the prevailing party." Alternatively, after a reasonable effort to use any workplace grievance procedure, the employee may ask for a hearing before the commissioner of labor, who can order reinstatement, back pay, fringe benefits, seniority and injunctive relief, with an appeal under RSA 541 (RSA 275-E:4). More detail is on our New Hampshire whistleblower laws page.
Other firing bans in New Hampshire law
| Protected activity | Rule | Deadline and remedy | Source |
|---|---|---|---|
| Jury service | No discharge because of jury service | Civil action within 1 year of the discharge; damages "shall not exceed lost wages," plus reinstatement and a reasonable attorney's fee for a prevailing employee | RSA 500-A:14 |
| Wage complaints and pay discussions | No discharge for filing a wage complaint, or for inquiring about, discussing or disclosing wages | Penalties under RSA 275:40, including fines of up to $2,500; no separate deadline stated | RSA 275:38-a; 275:41-b |
| Crime victims (employers with 25 or more employees) | No discharge or discrimination for leaving work to attend court or investigative proceedings; give the employer a copy of each hearing notice first | Civil penalty imposed by the labor commissioner (RSA 275:65); no deadline stated | RSA 275:61, III; 275:62; 275:64 |
| Volunteer firefighters and EMTs | No discharge or discipline for failing to report at the start of the workday because the employee, as a volunteer firefighter or EMT, responded to an emergency witnessed or come upon while en route to work (the employee must tell the employer; volunteers paid for over 975 hours in the prior 6 months are excluded); effective August 13, 2024 | Superior court action within 1 year of the violation; reinstatement and lost pay and benefits | RSA 275:41-e |
| Flexible schedule requests | No retaliation "solely because the employee requests a flexible work schedule" | The section creates no cause of action for failing to grant a schedule | RSA 275:37-b |
| Victims of domestic violence, harassment, sexual assault or stalking | No discharge, threat of discharge, demotion or suspension because the person is a victim | Civil penalty imposed by the labor commissioner (RSA 275:72); no deadline stated | RSA 275:71 |
| Protective hairstyles (braids, locs, twists, Afros, head wraps and similar) | No discrimination in employment for wearing a protective hairstyle; a private cause of action that is outside the Commission for Human Rights and RSA 354-A (does not apply to department of corrections employees) | Private lawsuit; no deadline stated in the section | RSA 275:37-e (effective September 1, 2024) |
| Personal social media | No discipline or threat of discipline for refusing an employer's request for personal account login information | Civil penalty imposed by the labor commissioner | RSA 275:74; 275:75 |
| Off-duty tobacco use | No condition of employment that an employee abstain from tobacco outside work, as long as the employee follows workplace policy | No deadline stated | RSA 275:37-a |
| National Guard or militia called to active duty (state or federal) | USERRA-equivalent employment and reemployment rights; no denial of retention in employment because of guard or militia obligations | Mediation through Employer Support of the Guard and Reserve first, then a Department of Labor hearing; superior court petition with possible attorney's fees | RSA 110-C:1 |
| Spouse's involuntary military mobilization (employers with 50 or more employees at one New Hampshire location) | No discharge or adverse action because of the spouse's mobilization; reemployment rights; notify the employer within 30 days of the spouse's official notice | Department of Labor complaint within 180 days; reinstatement, back pay and lost benefits, possible fees | RSA 110-C:1-a (effective January 1, 2026) |
| Family and medical leave insurance | Job restoration for employees of employers with 50 or more employees that sponsor the coverage and who take wage replacement | No deadline stated | RSA 275:37-d |
Workers' compensation. Our search of RSA 281-A found no section that expressly bans firing an employee for filing a claim. Two provisions matter after an injury. RSA 281-A:25-a requires an employer with 5 or more employees to reinstate an injured employee who asks, to the former position if it exists and is available (even if a replacement now holds it), until 18 months after the injury or another listed event. RSA 281-A:8, III makes you choose: claiming workers' compensation for injuries caused by a wrongful termination waives a wrongful-termination lawsuit, and suing for wrongful termination waives a compensation claim for injuries caused by it. Get advice before filing either, and see New Hampshire workers' compensation laws. Our research found no New Hampshire statute giving time off to vote.
Deadlines for New Hampshire wrongful termination claims
| Claim | Deadline | Source |
|---|---|---|
| Commission for Human Rights complaint | 180 days after the alleged act of discrimination | RSA 354-A:21, III |
| Superior court suit under RSA 354-A | After 180 days from a timely commission complaint (or sooner with written assent), and not later than 3 years after the unlawful practice | RSA 354-A:21-a, I |
| EEOC charge (15 or more employees; 20 or more for age) | 300 days from the date of alleged harm | EEOC Boston and New York office pages |
| Federal lawsuit after an EEOC Notice of Right to Sue | 90 days | 42 U.S.C. 2000e-5(f)(1) |
| Whistleblower civil suit | 3 years from the alleged violation | RSA 275-E:2, II |
| Jury-service discharge | 1 year from the discharge | RSA 500-A:14 |
| Volunteer firefighter or EMT protection | 1 year from the violation | RSA 275:41-e |
| Common-law wrongful discharge or contract claim | 3 years (RSA 508:4, I); for constructive discharge the clock starts when you give notice of resignation, not on your last day (Jeffery v. City of Nashua, 163 N.H. 683 (2012)) | RSA 508:4, I |
| OSHA safety retaliation complaint | 30 days | 29 U.S.C. 660(c)(2) |
| NLRB charge (protected concerted activity) | 6 months | 29 U.S.C. 160(b) |
| Federal FMLA lawsuit | 2 years (3 years if willful) | 29 U.S.C. 2617(c) |
The EEOC says "the deadline usually applies to each event," so a demotion and a later firing can carry separate deadlines. The general personal-action statute, RSA 508:4, I, says actions "may be brought only within 3 years of the act or omission complained of." In Jeffery v. City of Nashua, 163 N.H. 683 (2012), the Supreme Court applied that 3-year period to a constructive discharge claim and held that such a claim accrues when the employee tenders the resignation notice; a suit filed three years and eight days after the resignation letter was too late. Get legal advice promptly rather than relying on the outer edge of that period.
Where to file a discrimination complaint in New Hampshire
The state agency. The New Hampshire Commission for Human Rights takes complaints under RSA 354-A. Its employment page lists intake at (603) 271-2767 or humanrights@hrc.nh.gov, and an office at 57 Regional Drive, Suite 8, Concord. The page tells readers the discrimination must have occurred "within the past 180 days" and notes that the federal limit is 300 days. Since July 1, 2025, RSA 354-A:3 makes the commission "administratively attached to the department of justice pursuant to RSA 21-G:10."
The EEOC. The EEOC's Boston Area Office and New York District Office both list New Hampshire. Each says an individual has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees (race, color, national origin, sex, religion or disability), or 20 or more employees for age. For smaller employers, the offices say charges must go to the state agency within the state's time limit, which RSA 354-A:21, III sets at 180 days. Charges start through the EEOC Public Portal.
The EEOC says a charge filed with either the EEOC or a state fair employment practices agency "also will be automatically filed with the other agency." Our research did not confirm the commission's work-sharing arrangement with the EEOC, so ask both agencies how a filing with one will be treated by the other.
Choosing between the commission and court
RSA 354-A:21-a, I sets up the choice. A complainant may file a civil action in superior court "at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing," and not later than 3 years after the alleged unlawful practice. A jury trial is available.
The choice has consequences:
- Going to court closes the commission route. Under RSA 354-A:21-a, II, a party who files in superior court "shall be barred from bringing any subsequent complaint before the commission" on the same practice, and the commission dismisses its complaint without prejudice.
- A commission hearing closes the court route. A superior court trial is not available once a commission hearing has begun or concluded.
- A no-probable-cause dismissal also closes it. A superior court trial is not available after the commission dismisses for lack of probable cause, unless that dismissal is reversed on appeal.
- The employer can move the case. After a probable-cause finding, the respondent may remove the matter to superior court.
- A federal suit undoes a commission ruling. If you sue in federal court on the same claims, the commission's order or decision is vacated and any state-court appeal of it is dismissed (RSA 354-A:22, V).
The statute does not mention a right-to-sue letter for the state claim. A federal Title VII or ADA suit is different: it requires an EEOC charge first, then suit within 90 days of the Notice of Right to Sue (42 U.S.C. 2000e-5(f)(1)).
What the commission or a court can award
Before the commission. Under RSA 354-A:21, II(d), the commission can order the employer to stop the practice and take affirmative action "including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay." It "may also order compensatory damages" and an administrative fine of up to $10,000 with no prior adjudication, up to $25,000 with one prior adjudication within 5 years of the charge, and up to $50,000 with two or more prior adjudications in the 7 years before the charge. Back pay is reduced by unemployment compensation and interim earnings (RSA 354-A:21, II(e)).
In superior court. A complainant may sue "for damages or injunctive relief or both" (RSA 354-A:21-a, I). In a case removed from the commission, the court can award "all damages and relief which could have been awarded by the commission, except that in lieu of an administrative fine, enhanced compensatory damages may be awarded when the court finds the respondent's discriminatory conduct to have been taken with willful or reckless disregard of the charging party's rights."
RSA 354-A:21-a states no dollar cap. It also does not mention attorney's fees for a direct court action; RSA 354-A:22, II lets a court award fees in petitions to enforce commission orders. Our research did not establish whether case law supplies fees in a direct action. Federal Title VII and ADA claims carry combined compensatory and punitive caps of $50,000 to $300,000 by employer size (42 U.S.C. 1981a(b)(3)); the hub explains them.
Constructive discharge
Quitting can count as a firing. Karch defines it this way: "Constructive discharge occurs when an employer renders an employee's working conditions so difficult and intolerable that a reasonable person would feel forced to resign." The court held that "properly alleging constructive discharge satisfies the termination component of a wrongful discharge claim," but the employer's actions "must be motivated by bad faith, retaliation or malice."
Your personnel file and final pay
RSA 275:56 requires an employer to provide "a reasonable opportunity for any employee who so requests to inspect such employee's personnel file and further, upon request, provide such employee with a copy." The employer may charge no more than the cost of supplying it, and the employee may submit a rebuttal statement to be kept in the file. The statute speaks of employees and does not say whether it covers former employees, so ask before or soon after you leave.
Our research found no New Hampshire statute requiring an employer to state the reason for a firing. Pay timing is separate: when an employer discharges an employee, RSA 275:44, I requires wages in full within 72 hours. See New Hampshire final paycheck laws.
Recent changes to New Hampshire law
- Commission attached to the Department of Justice (effective July 1, 2025). Laws 2025, chapter 141 amended RSA 354-A:3 so the commission is administratively attached to the department of justice, with oversight by the director of the civil rights unit, and added reporting on case timeliness and backlog. It did not change RSA 354-A:7, 354-A:21 or 354-A:21-a.
- Volunteer responders (effective August 13, 2024). Laws 2024, chapter 45 added the RSA 275:41-e protections described above.
- Antisemitism definition (effective January 1, 2025). Laws 2024, chapter 359 added RSA 354-A:35 to 354-A:38, which use the IHRA definition of antisemitism as a rule of construction when discrimination is reviewed.
- Childbirth and pediatric appointment leave (effective January 1, 2026). RSA 275:37-f requires employers with 20 or more employees to allow up to 25 hours of unpaid leave for the employee's own childbirth and postpartum appointments and the child's pediatric appointments in the first year, and to make the original job available on return.
- Military spouses (effective January 1, 2026). RSA 110-C:1-a, described above.
In 2026 the governor vetoed SB 552 (June 19, 2026) and HB 1442 (July 15, 2026), bills permitting classification of individuals based on biological sex under certain limited circumstances. The legislature's docket shows the House sustained the HB 1442 veto on August 19, 2026 (165-149, short of two-thirds). News reports say the SB 552 veto was also sustained that day, which we could not confirm on the official record. RSA 354-A as published on gc.nh.gov shows no 2026 amendment.
Practical steps after a firing in New Hampshire
Write down the dates, who said what, and the reason you were given, and keep copies of reviews, messages and pay records. Ask for your personnel file under RSA 275:56. The 180-day commission deadline is the shortest state clock on this page, so note it first.
If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our New Hampshire severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing a claim.
Related
- Wrongful termination laws by state
- New Hampshire at-will employment laws
- New Hampshire whistleblower laws
- New Hampshire final paycheck laws
- New Hampshire severance pay laws
Disclaimer: This article provides general legal information about New Hampshire wrongful termination law (RSA 354-A, RSA 275-E, RSA 275, RSA 500-A:14, RSA 508:4 and the Monge and Karch decisions) and the federal laws that apply in New Hampshire. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the New Hampshire Commission for Human Rights, the EEOC, a legal aid office or a lawyer licensed in New Hampshire.
Last updated: October 10, 2026.
Frequently Asked Questions
Can I sue for wrongful termination in New Hampshire?
Only when the firing broke a specific law or fits the common-law claim the New Hampshire Supreme Court recognized in Monge v. Beebe Rubber Co. (1974). Under Karch v. BayBank (2002), that claim requires a firing motivated by bad faith, retaliation or malice, for doing something public policy would encourage or refusing to do something it would condemn.
How long do I have to file with the New Hampshire Commission for Human Rights?
180 days after the alleged act of discrimination (RSA 354-A:21, III). The EEOC's Boston and New York offices give 300 days for a federal charge against employers with 15 or more employees (20 or more for age).
Do I need a right-to-sue letter to go to court in New Hampshire?
RSA 354-A does not use a right-to-sue letter. Under RSA 354-A:21-a, I, you may bring a civil action in superior court 180 days after a timely commission complaint, or sooner if the commission assents in writing, and not later than 3 years after the unlawful practice.
Does New Hampshire's discrimination law cover small employers?
It covers employers with 6 or more persons in their employ (RSA 354-A:2, VII). Federal Title VII and the ADA start at 15 employees and the federal age law at 20 (42 U.S.C. 2000e(b); 29 U.S.C. 630(b)).
Is sexual orientation protected from firing in New Hampshire?
Yes. RSA 354-A:7, I lists gender identity as a protected class and provides that no person shall be denied its rights on account of sexual orientation. Federal Title VII also covers it at employers with 15 or more employees under Bostock v. Clayton County (2020).
What can I recover for a discriminatory firing in New Hampshire?
The commission may order reinstatement with or without back pay, compensatory damages and an administrative fine of up to $10,000, $25,000 or $50,000 depending on prior violations (RSA 354-A:21, II(d)). A court may award damages or injunctive relief, and enhanced compensatory damages for willful or reckless conduct in removed cases (RSA 354-A:21-a, I).
What is the deadline for a whistleblower lawsuit in New Hampshire?
3 years from the alleged violation under RSA 275-E:2, II. The court may order reinstatement, back pay and reasonable attorney fees and costs to the prevailing party.
Can I see my personnel file after being fired in New Hampshire?
RSA 275:56 requires an employer to give an employee who asks a reasonable opportunity to inspect the personnel file and, on request, a copy at no more than the cost of supplying it. The statute refers to employees and does not say whether it reaches former employees.
Is constructive discharge recognized in New Hampshire?
Yes. Karch v. BayBank (2002) defines it as working conditions so difficult and intolerable that a reasonable person would feel forced to resign, and it satisfies the termination part of a wrongful discharge claim only if the employer acted from bad faith, retaliation or malice.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XXXI TRADE AND COMMERCE, CHAPTER 354-A STATE COMMISSION FOR HUMAN RIGHTS
§ 354-A:7Unlawful Discriminatory Practices.In force
It shall be an unlawful discriminatory practice: I. For an employer, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation. II. For a labor organization, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, creed, or national origin of any individual, to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless based upon a bona fide occupational qualification.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 354-A:21-aChoice of Forum.In force
I. Any party alleging to be aggrieved by any practice made unlawful under this chapter may, at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing, but not later than 3 years after the alleged unlawful practice occurred, bring a civil action for damages or injunctive relief or both, in the superior court for the county in which the alleged unlawful practice occurred or in the county of residence of the party. Any party alleged to have committed any practice made unlawful under this chapter may, in any case in which a determination of probable cause has been made by the investigating commissioner, remove said complaint to superior court for trial. A court in cases so removed may award all damages and relief which could have been awarded by the commission, except that in lieu of an administrative fine, enhanced compensatory damages may be awarded when the court finds the respondent's discriminatory conduct to have been taken with willful or reckless disregard of the charging party's rights under this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 354-A:21Procedure on Complaints.In force
I. (a) Any person claiming to be aggrieved by an unlawful discriminatory practice may make, sign and file with the commission a verified complaint in writing which shall state the name and address of the person, employer, labor organization, employment agency or public accommodation alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the commission. The attorney general or one of the commissioners may, in like manner, make, sign, and file such complaint. (b) In connection with the filing of such complaint, the attorney general is authorized to take proof, issue subpoenas and administer oaths in the manner provided in the civil practice law and rules. Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with the provisions of this chapter, may file with the commission a verified complaint asking for assistance by conciliation or other remedial action. II.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 354-A:19Retaliation and Required Records.In force
It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to discharge, expel, or otherwise retaliate or discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 275-E WHISTLEBLOWERS' PROTECTION ACT
§ 275-E:2Protection of Employees Reporting Violations.In forcecited in 3 of our articles
I. No employer shall harass, abuse, intimidate, discharge, threaten, or otherwise discriminate against any employee regarding compensation, terms, conditions, location, or privileges of employment because: (a) The employee, in good faith, reports or causes to be reported, verbally or in writing, what the employee has reasonable cause to believe is a violation of any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States; or (b) The employee objects to or refuses to participate in any activity that the employee, in good faith, believes is a violation of the law; or (c) The employee, in good faith, participates, verbally or in writing, in an investigation, hearing, or inquiry conducted by any governmental entity, including a court action, which concerns allegations that the employer has violated any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States. II. An aggrieved employee may bring a civil suit within 3 years of the alleged violation of this section.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Appeal of Bio Energy Corp. (Supreme Court of New Hampshire 1992, 135 N.H. 517)“…intended that the “report” which triggers protection under RSA 275-E:2, 1(a) (Supp. 1991) includes the act of…”
- Clark v. N.H. Dep't of Emp't Sec. (Supreme Court of New Hampshire 2019, 171 N.H. 639)“…ng a violation of the Whistleblowers' Protection Act, see RSA 275-E:2, II (Supp. 2018), and the Public Employ…”
- Appeal of Osram Sylvania, Inc. (Supreme Court of New Hampshire 1998, 142 N.H. 612)“…tion; (2) Kijek failed to satisfy the statutory elements of RSA 275-E:2; (3) Kijek failed to follow the grievan…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Whistleblower Laws: Protections and How to Report, New Hampshire At-Will Employment Laws: Exceptions and Your Rights
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 275 PROTECTIVE LEGISLATION
§ 275:56Employee Access to Personnel Files.In force
I. Except as provided in paragraph III, every employer shall provide a reasonable opportunity for any employee who so requests to inspect such employee's personnel file and further, upon request, provide such employee with a copy of all or part of such file. An employer may only charge the employee a fee reasonably related to the cost of supplying the requested documents. II. If, upon inspection of his personnel file, an employee disagrees with any of the information contained in such file, and the employee and employer cannot agree upon removal or correction of such information, then the employee may submit a written statement explaining his version of the information together with evidence supporting such version. Such statement shall be maintained as part of the employee's personnel file and shall be included in any transmittal of the file to a third party and shall be included in any disclosure of the contested information made to a third party. III.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
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Sources and References
- Monge v. Beebe Rubber Co., 114 N.H. 130 (1974)(static.case.law)
- RSA chapter 354-A, Law Against Discrimination (incl. 354-A:2, 354-A:3, 354-A:7, 354-A:19, 354-A:21, 354-A:21-a, 354-A:22)(gc.nh.gov).gov
- Bostock v. Clayton County, 590 U.S. 644 (2020)(www.supremecourt.gov).gov
- 42 U.S.C. 2000e (Title VII definitions)(www.law.cornell.edu)
- New Hampshire Commission for Human Rights, Employment Discrimination(www.humanrights.nh.gov).gov
- Karch v. BayBank FSB, 147 N.H. 525 (2002)(static.case.law)
- Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915 (1981)(static.case.law)
- Cilley v. New Hampshire Ball Bearings, Inc., 128 N.H. 401 (1986)(static.case.law)
- RSA chapter 275-E, Whistleblowers' Protection Act(gc.nh.gov).gov
- RSA 500-A:14 (jury service; employment protection)(gc.nh.gov).gov
- RSA chapter 275, Protective Legislation (incl. 275:37-b, 275:37-d, 275:38-a, 275:40, 275:41-e, 275:44, 275:62, 275:64)(gc.nh.gov).gov
- RSA 508:4 (personal actions limitations)(gc.nh.gov).gov
- 29 U.S.C. 660 (OSH Act section 11(c))(www.law.cornell.edu)
- 29 U.S.C. 160 (NLRA unfair labor practice charges)(www.law.cornell.edu)
- 29 U.S.C. 2617 (FMLA enforcement)(www.law.cornell.edu)
- 42 U.S.C. 2000e-5 (Title VII enforcement)(www.law.cornell.edu)
- EEOC, Time Limits for Filing a Charge(www.eeoc.gov).gov
- EEOC Boston Area Office, Timeliness(www.eeoc.gov).gov
- EEOC New York District Office, Timeliness(www.eeoc.gov).gov
- EEOC Public Portal(publicportal.eeoc.gov).gov
- EEOC, How to File a Charge of Employment Discrimination(www.eeoc.gov).gov
- 42 U.S.C. 1981a (damages caps)(www.law.cornell.edu)
- RSA 275:56 (personnel files)(gc.nh.gov).gov
- 29 U.S.C. 630 (ADEA definitions)(www.law.cornell.edu)
- RSA 281-A:8, III and 281-A:25-a (workers' compensation election of remedies; reinstatement)(gc.nh.gov).gov
- RSA 110-C:1 and 110-C:1-a (National Guard and military spouse employment protection)(gc.nh.gov).gov
- RSA 141-H:3 (genetic testing in employment)(gc.nh.gov).gov
- Jeffery v. City of Nashua, 163 N.H. 683 (2012)(static.case.law)
- Office of the Governor, Governor Signs 54 Bills into Law (June 19, 2026; SB 552 veto statement)(www.governor.nh.gov).gov
- Office of the Governor, Governor Signs 20 Bills into Law (July 15, 2026; HB 1442 veto statement)(www.governor.nh.gov).gov
- New Hampshire General Court, HB 1442 (2026) docket(gc.nh.gov).gov
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