EMPLOYMENT RIGHTS

Although a private employer does not need a good reason to hire or fire under New Hampshire law, it cannot violate an employee’s rights.  These rights include:

1.                  Employment Contracts.  An employment contract can be oral or written including the terms of an employment handbook although most employers protect themselves against having to follow their own handbooks by including a disclaimer provision stating that it is not a contract and does not create enforceable rights.  Beware of relying upon oral promises because they are difficult to prove.  If the promise is important to your decision to accept a job offer make sure to get it in writing.  Contracts of employment are most common with public employees, unionized employees and high level executives.  Some employers require employees to sign a contract to protect the employer’s interests such as a restriction against competition after the termination of employment or requiring the employee to accept arbitration as an alternative to going to court.  An attorney can give you advice about the legal significance of these agreements.

2.                  The Law of Discrimination.  Even though an employer does not need a good reason to fire someone, it cannot do so for an illegal reason.  State and federal laws against discrimination make it illegal to discriminate based upon age, sex, race, color, marital status, physical or mental disability, religious creed, national origin and sexual orientation.  Discrimination based upon sex includes discrimination against a woman because she is pregnant as well as sexual harassment.  It is also illegal for an employer to take action against an employee for making or assisting in the making of a complaint of discrimination.  

3.                  Whistleblowing.  The law of wrongful termination makes it illegal for an employer to terminate someone  in bad faith for doing something approved of by public policy such as reporting a crime or for refusing to do something against public policy such as driving a truck with unsafe brakes.  There is a whistleblowing hearing procedure under the Department of Labor for reinstatement of an employee who has been terminated for complaining about an illegal practice.

4.                  Employment Leave.  Under the Family Medical Leave Act, an eligible employee working for a company with at least 50 employees is entitled to up to twelve weeks of unpaid leave for a serious health condition including medical conditions of family members if the employee is a caregiver, and the birth or adoption of a child.  There are a number of restrictions and limitations on this right (such as being employed full time for at least a year) which should be researched before it is relied upon.  The leave can be taken intermittently as the need arises.  An employee with a disability can also claim leave as an accommodation under the Americans with Disabilities Act.  If a medical problem is caused by a workplace injury, the employee has the right to be reinstated if he or she is able to return to work within 18 months of the injury.

5.                  Wage and Hour Laws.  There are a number of laws administered by the State Department of Labor regarding wages and hours including the requirement that when an employee is fired, the employer must pay all wages due within 72 hours, or in case of a resignation, no later than the next regular pay date.  With limited exceptions including time taken under the Family Medical Leave Act, salaried employees cannot be docked for time missed so long as some work is performed during the pay period.  An hourly employee who reports to work at the employer’s request is entitled to receive at least two hours of pay at the regular rate.  An employer may not require an employee to work more than five consecutive hours without granting him or her a 30 minute lunch break except if the employee can eat during work, and is permitted to do so.  With limited exceptions, an employer cannot withhold any portion of an employee’s wages.  If any of these rights are violated, an employee can ask the Department of Labor in Concord to hold a hearing.

6.                  Organizing.  Employees have the right to act collectively with respect to workplace issues whether or not there is a union.  They have the right not to be discriminated against for supporting or opposing a union.  These rights are enforced by the National Labor Relations Board in Boston or, in the case of public employees, by the Public Employee Labor Relations Board in Concord.

7.                  Personnel Files.  Every employee has the right to inspect his or her personnel file and to receive a copy of the file.  An employer can only charge a fee reasonably related to the cost of copying.  An employee who disagrees with any information in the file can ask the employer to remove it and, if an agreement cannot be reached, has the right to submit a written statement explaining what really happened.