In addition to the rights listed below, most categories of public employees such as state employees, county employees, police officers and teachers are protected by specific laws relating to that type of employment as well as collective bargaining agreements. Public employees are also protected by constitutional rights such as due process and free speech.

Call us about USERRA law, benefits and resolution - The Uniformed Services Employment and Reemployment Rights Act of 1994
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The attorneys at Backus, Meyer & Branch, LLP have been working to protect employee rights for over 31 years and have won or settled many cases awarding substantial damages and upholding important principles. When you call our office, we will do an initial screening to see if we can help you.

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.