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Employee Discipline: New Hampshire

Employee Discipline requirements for other states

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

Authors: James P. Reidy, Sheehan Phinney Bass & Green PA; 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 affords certain employees more notice and procedural due process rights prior to termination. See Public Employee Procedures.
  • New Hampshire law expands federal protections against discrimination. See Discipline and Protected Classes.
  • 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.